Manju Mandal @ Manjural Mondal @ Monju Mandal v. State Of West Bengal

22.11.2022 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 1354 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.11.2022 in connection with Gangarampur Police Station Case No. 101 of 2022 dated 16.02.2022 under Sections 21(c)/22(c)/23(c) of the NDPS Act read with Section 27A of the Drugs & Cosmetics Act.

And In Re: Manju Mandal @ Manjural Mondal @ Monju Mandal ... ... Petitioner Mr. Kaushik Choudhury Ms. Busra Khatoon ... ... for the petitioner Mr. Ranadeb Sengupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 84 days. It is further submitted no narcotic substance was recovered from his possession.

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

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner and his complicity 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 that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact and 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 Manju Mandal @ Manjural Mondal @ Monju 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 Actcum-Additional District Judge, 3rd Court, Balurghat, Dakshin Dinajpur 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.)