Ersad Khan v. Union Of India

11.12.2024 Pritam/ct 28 C.R.M. (NDPS) 1823 of 2024 sl no. 31.

In Re : An application for bail under section 483 of the BNSS 2023 in connection with NCB Crime no. 18/NCB/KOL/2023 dated 13.05.2023 under section 8(c)/20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And Allowed In Re : Ersad Khan.

... petitioner.

Mr. Sk. Toslim Ali ...... for the petitioner.

Mr. Gouranga Kr. Das, Mr. Pralay Bhattacharya ...... for the NCB.

1.

We have considered the materials on record.

2.

Petitioner is in custody for one year and seven months. 3.

There is inordinate delay in trial and co-accused person, Tinku Sekh has been enlarged on bail.

4.

Petitioner is entitled to the similar relief. 5.

Under such circumstances, we are inclined to grant bail to the petitioner.

6.

Accordingly, the petitioner 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 & Sessions Judge, 3rd Court, (Special NDPS Act), Howrah on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 7.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.

8.

The application being CRM (NDPS) 1823 of 2024 is disposed of.

(Apurba Sinha Ray, J.) (Joymalya Bagchi, J.)