Prabhakar Choudhary v. Union Of India

13.01.2025 Item no. 35.

Court No.29.

AB (Allowed) CRM (NDPS) 1858 of 2024 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.31 of 2021 under Sections 8(c)/12/20(b)(ii)(b)/23/29 of the NDPS Act And In the matter of : Prabhakar Choudhary ......Petitioner.

Mr. Joy Chakraborty Mr. Sandip Dinda ......for the Petitioner.

Mr. Anirban Mitra, Mr. Sagar Saha ......for the NCB.

Dictated by Arijit Banerjee, J.

1.

Status report filed by the NCB, be kept with the record. 2.

The prosecution case is that 2.20 kilograms of ganja was seized from the petitioner. He was shown arrested on July 12, 2024.

3.

Intermediate quantity of contraband being involved, considering the materials on record, we are inclined to allow the petitioner's prayer for bail.

4.

Accordingly, we direct that the petitioner, namely PRABHAKAR CHOUDHARY shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of Rs.12,500/-each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act at Calcutta, and on further Signed By :

APURBA BANDYOPADHYAY High Court of Calcutta 13 th of January 2025 05:37:06 PM

conditions that he shall not leave the jurisdiction of the concerned police station and shall report to the Officerin-Charge of the concerned police station once in a fortnight until further orders.

5.

The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

6.

In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

7.

The application for bail is, accordingly, allowed. 8.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Arijit Banerjee, J.) (Apurba Sinha Ray, J.)