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Calcutta High CourtCRM (NDPS)/1673/2023allowed

Rabin Roy @ Rabindra Roy v. State Of West Bengal

2023-10-12Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth1 pages

12.10.2023 sdas/tkm/ct 28 C.R.M. (NDPS) 1673 of 2023 sl no. 9 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Patiram P.S case no. 183 of 2023 dated 4.9.2023 under section 20(b)(ii)(B) of the NDPS Act and Allowed In Re : Rabin Roy @ Rabindra Roy ..... petitioner Mr. K Chowdhury ...... for the petitioner Mr. Saryati Datta ...... for the State 1.

Heard learned lawyers for the parties.

2.

We have considered the materials on record. Amount of narcotics recovered from co-accused is of intermediate quantity. No narcotics was recovered from the petitioner. Though he was taken into police custody, no incriminating material has surfaced against him.

3.

Under such circumstances we are of the opinion further detention of the petitioner is not necessary and he may be enlarged on bail.

4.

Accordingly, the petitioner 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, Dakshin Dinajpur on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

5.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. 6.

The application being CRM (DB) 1673 of 2023 is disposed of.

(Gaurang Kanth, J.) (Joymalya Bagchi, J.)