Monirul Sk v. State Of West Bengal

07.11.2024 sdas Allowed C.R.M. (NDPS) No. 1526 of 2024 In Re:- An application for bail under Section 483 of BNSS in connection with Baishnabnagar Police Station Case No. 738 of 2023 dated 22.10.2023 under Sections 21(c )/25/29 of the N.D.P.S. Act.

And In Re : Monirul Sk. . .... petitioner Mr. Avinaba Patra Mr. Subhadeep Ghosh .... for the petitioner Mr. Siladitya Banerjee Ms. Eshita Dutta .... for the State 1.

Heard the learned Counsels for the parties.

2.

We have considered the materials on record. No narcotics was recovered from the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence.

3.

Under such circumstances, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be granted bail. 4.

Accordingly, we direct the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-Additional District & Sessions Judge 4th court, Malda, subject to condition that petitioner shall appear before Signed By :

SHANTANU DAS High Court of Calcutta 8 th of November 2024 04:52:38 PM

the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6. The application for bail is, accordingly, allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.) Signed By :

SHANTANU DAS High Court of Calcutta 8 th of November 2024 04:52:38 PM