Janardan Pal And ANR v. State Of West Bengal

22.11.2022 Sl. No.17 akd [ALLOWED] C. R. M. (NDPS) 1359 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 14.11.2022 in connection with Barabani Police Station Case No. 193 of 2022 dated 04.09.2022 under Sections 20(b)(ii)(B)/25/29 of the NDPS Act. (NDPS Case No.24 of 2022) And In Re: Janardan Pal & Anr.

... ... Petitioners Mr. Apurba Kumar Datta ... ... for the petitioners Mr. Ranadeb Sengupta ... ... for the State Heard the learned advocate appearing for both the parties. We have considered the materials on record. Quantity of narcotic substance recovered from the petitioners is to the tune of 5.150 kgs. of Ganja, which is below commercial quantity. In view of the aforesaid facts, we are of the opinion further detention of the accuseds/petitioners is not necessary.

Therefore, the accuseds/petitioners, namely (1) Janardan Pal & (2) Gopinath Pal, be released on bail upon furnishing bond of Rs.10,000/- (Rupees Ten thousand only) each, 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 Sessions Judge, 3rd Court, Asansol, Paschim Bardhaman subject to condition that the said petitioners 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 they fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel their bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)