Lakin Mondal @ Lakhin @ Lakhim Mondal v. State Of West Bengal

30.11.2023 Sl. No.12 akd [ALLOWED] C. R. M. (NDPS) 1827 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 19.10.2023 in connection with Hogalberia Police Station Case No.234 of 2019 dated 05.12.2019 under Sections 21(c)/20(b)(ii)A/29 of the NDPS Act. (NDPS Case No.106 of 2019) And In Re: Lakin Mondal @ Lakhin @ Lakhim Mondal ... ... Petitioner Mr. Arnab Chatterjee Mr. Amanul Islam Mr. Sourav Mukherjee Ms. Poulami Bose ... ... for the petitioner Mr. Pravas Bhattacharya Ms. Pritha Paul ... ... for the State

1. It is submitted on behalf of the petitioner that no narcotics was recovered from his possession. Accordingly, he prays for bail.

2. Learned Advocate for the State opposes the prayer for bail.

3. 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 coaccused before a police officer which is inadmissible in evidence. Under such circumstances, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. In view of the aforesaid fact, we are of the opinion further detention of the accused/petitioner is not necessary.

4. Therefore, the accused/petitioner, namely Lakin Mondal @ Lakhin @ Lakhim Mondal, 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 Act, Krishnagar,

Nadia 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.

5. 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.

6. The application for bail, thus, stands allowed. (Gaurang Kanth, J.) (Joymalya Bagchi, J.)