Hasibur Khan @ Lassu v. State Of West Bengal

03.11.2022 Sl. No.4 akd [ALLOWED] C. R. M. (NDPS) 1150 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 22.09.2022 in connection with Kaliachak Police Station Case No. 539 of 2018 dated 29.07.2018 under Sections 15(c)/21(b)/29 of the NDPS Act.

And In Re: Hasibur Khan @ Lassu ... ... Petitioner Mr. Mazhar Hossain Chowdhury Ms. Mobashshara Alam ... ... for the petitioner Mr. Saibal Bapuli .. ld. Addl. Public Prosecutor Mr. Bibaswan Bhattacharya ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about two months. It is further submitted no narcotic substance was recovered from his possession.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Hasibur Khan @ Lassu, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only), with two sureties of like amount each, one

of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum-Additional Sessions Judge, 4th Court, Malda subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)