Calcutta High CourtCRM (NDPS)/1537/2022allowed

Biman Mandal v. State Of West Bengal

2022-12-23Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ajay Kumar Gupta2 pages

23.12.2022 Sl. No.18 akd [ALLOWED] C. R. M. (NDPS) 1537 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 20.12.2022 in connection with Kaliachak Police Station Case No. 1439 of 2021 dated 27.12.2021 under Sections 21(b)/29 of the NDPS Act and Section 27A of the Drugs and Cosmetics Act.

And In Re: Biman Mandal ... ... Petitioner Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ... ... for the petitioner Mr. Saryati Datta ... ... for the State It is submitted on behalf of the petitioner that no narcotic substance was recovered from his possession. Investigation is complete.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. We find that no narcotic substance was recovered from the possession of the petitioner. Investigation has not revealed any legally admissible evidence connecting him with the crime. Investigation is complete. Under such circumstances, we are of the opinion that the 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.

Therefore, the accused/petitioner, namely Biman Mandal, 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 Chief Judicial

Magistrate, Malda 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. 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. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)