Panup Mondal @ Telu v. State Of West Bengal

09.11.2022 Sl. No.14 akd [ALLOWED] C. R. M. (NDPS) 1310 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 03.11.2022 in connection with Murutia Police Station Case No. 201 of 2022 dated 22.08.2022 under Sections 20(b)/29 of the NDPS Act. (NDPS Case No.66 of 2022) And In Re: Panup Mondal @ Telu ... ... Petitioner Mr. Asraf Mondal ... ... for the petitioner Ms. Anasuya Sinha Ms. Subashree Patel ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 80 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Quantity of narcotic substance recovered from the petitioner and co-accused is to the tune of 11 kgs. of Ganja, which is below commercial quantity. In view of the aforesaid facts 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 Panup Mondal @ Telu, 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, Nadia at Krishnanagar 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.)