Tarun Mandal v. State Of West Bengal

03.10.2023 Sl. No.11 akd [ALLOWED] C. R. M. (NDPS) 1607 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 25.09.2023 in connection with Kaliachak Police Station Case No.693 of 2023 dated 12.06.2023 under Sections 21(c)/27A/29 of the NDPS Act. (NDPS Case No. 71 of 2023) And In Re: Tarun Mandal ... ... Petitioner Mr. Mazhar Hossain Chowdhury ... ... for the petitioner Mr. Ranadeb Sengupta ... ... for the State

1. It is submitted on behalf of the petitioner that he is in custody for about 113 days. It is further submitted no narcotics was recovered from his possession. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail and submits narcotics above commercial quantity was recovered from one Md. Khursed. Investigation is in progress.

3. We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. He was taken into police custody. There was no development in the investigation. Complicity of the petitioner 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 he 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.

4. Therefore, the accused/petitioner, namely Tarun Mandal, 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)