Taijel Mondal v. State Of West Bengal

15.11.2022 Sl. No.6 akd [ALLOWED] C. R. M. (NDPS) 1331 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 Bongaon Police Station Case No. 412 of 2022 dated 23.04.2022 under Section 20(b)(ii)(B) of the NDPS Act. (N. Case No.59 of 2022) And In Re: Taijel Mondal ... ... Petitioner Mr. Angshuman Chakraborty ... ... for the petitioner Mr. Rudradipta Nandy .. ld. Addl. Public Prosecutor Mr. Iqbal Kabir ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 284 days.

Learned Additional Public Prosecutor opposes the prayer for bail.

We have considered the materials on record. Quantity of narcotic substance recovered from the petitioner is to the tune of 16 kgs. of Ganja, which is below commercial quantity. 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 Taijel Mondal, 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 District & Sessions Judge, 6th Court, Barasat, North 24-Parganas 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.)