Anikul Sk @ Hoque v. State Of West Bengal
06.12.2022.
04.
Ct.No.28.
as (Allowed) C.R.M. (NDPS) 1434 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.43 of 2021 arising out of Kaliachak P. S. Case No.543 of 2021 dated 24.05.2021 under Sections 22(C)/29 of the NDPS Act. In the matter of : Anikul Sk. @ Hoque.
.... Petitioner.
Mr. Mrityunjoy Chatterjee, Mr. Debapriya Majumder.
...for the Petitioner.
Mr. Ranabir Roy Chowdhury, Mr. Mainak Gupta.
...for the State.
Petitioner is in custody for 82 days. He submits no narcotic substance was recovered from his possession. Investigation is complete. He prays for bail. Learned Advocate appearing for the State opposes the prayer for bail. He submits petitioner was dealing in narcotic substance above commercial quantity.
We have considered the materials on record. No narcotic substance was recovered from his possession. 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 N. D. P. S. Act and he may be granted bail subject to conditions.
Accordingly, the petitioner viz., Anikul Sk. @ Hoque 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 Judge, Special Court under N.D.P.S. Act, 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.
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.
This application for bail is, thus, disposed of. (Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)