Alamgir Sk @ Alam Sk v. State Of West Bengal

13.12.2022.

10.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1468 of 2022 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Hogolberia P. S. Case No.238 of 2022 dated 25.07.2022 under Sections 21(c) of the NDPS Act.

In the matter of : Alamgir Sk @ Alam Sk.

.... Petitioner.

Mr. Amanul Islam, Mr. Sourav Mukherjee.

...for the Petitioner.

Mr. Binay Panda, Ms. Puspita Saha.

...for the State.

Petitioner is in custody for 109 days. He submits no narcotic substance was recovered from his possession. He prays for bail.

Learned Advocate appearing for the State opposes the prayer for bail. He submits petitioner has criminal antecedents. 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.

Accordingly, the petitioner viz., Alamgir Sk @ Alam 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 Judge, Special Court under N.D.P.S. Act, Nadia, Krishnanagar 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.)