Sahjahan@Sajahan Ali v. State Of West Bengal

19.12.2023.

37.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1981 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.191 of 2022 arising out of Kaliachak P.S. Case No.1335 of 2022 dated 19.11.2022 under Sections 379/411/413/414 of the Indian Penal Code and Sections 21(c)/27A/29 of the NDPS Act.

In the matter of : Sahjahan @ Sajahan Ali.

.... Petitioner.

Md. Wasim Akram.

...for the Petitioner.

Mr. Neguive Ahmed, ld. A.P.P., Ms. M. Sarkar.

...for the State.

1.

Heard the learned Advocates for the parties.

2.

We have considered the materials on record. No narcotics was recovered from his possession. His complicity has transpired from the statement of co-accused before police officer which is inadmissible in evidence.

3.

Under such circumstances, we are of the opinion petitioner has been able to rebut statutory restrictions under Section 37 of the N. D. P. S. Act and may be enlarged on bail. 4.

Accordingly, the petitioner viz., Sahjahan @ Sajahan Ali 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 the 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.

5.

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.

6.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.)