Golam Mostafa @ Golam Mustafa @ Rintu v. State Of West Bengal

31.10.2022 Sl. No.9 akd [Rejected] C. R. M. (NDPS) 1277 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 18.10.2022 in connection with Jalangi Police Station Case No. 903 of 2014 dated 08.10.2014 under Section 21(c) of the NDPS Act. (NDPS Case No.294 of 2014) And In Re: Golam Mostafa @ Golam Mustafa @ Rintu ... Petitioner Ms. Sreyashee Biswas Ms. Benajir Hasna Mr. Aliul Islam ... for the petitioner Mr. Madhusudan Sur .. ld. Addl. Public Prosecutor Mr. Sudip Ghosh Mr. Bitasok Banerjee ... for the State It is submitted on behalf of the petitioner that independent witnesses have not supported the prosecution case. Learned Additional Public Prosecutor opposes the prayer for bail and submits petitioner had absconded during trial. We have considered the materials on record.

Depositions of official witnesses recorded in the course of trial support the prosecution case. Impact of the independent witnesses making prevaricating statements during trial requires to be assessed in the backdrop of the entire evidence on record. It is premature to express any opinion on such score at this stage. However, in view of the aforesaid evidence on record and statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner. The application for bail is thus rejected.

(Partha Sarathi Sen, J.) (Joymalya Bagchi, J.)