Eshak Sk v. State Of West Bengal

16.10.2023.

14.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1696 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak P.S. Case No.198 of 2021 dated 19.02.2021 under Section 22(C)/29 of the NDPS Act.

In the matter of : Eshak Sk.

.... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kr. Bhowmick.

...for the Petitioner.

Mr. Ranadeb Sengupta.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. No narcotics was recovered from the petitioner. Investigation is complete. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. 3.

Under such circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under Section 37 of the N. D. P. S. Act and may be enlarged on bail.

4.

Accordingly, the petitioner viz., Eshak Sk shall 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 Additional District Judge, 3rd Court, Special Court, Malda subject to condition that he 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.

5.

In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

6.

This application for bail is, thus, disposed of. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)