Jummat Ali Sekh @ Jummate Ali Sk v. State Of West Bengal

23.12.2022 Sl. No.21 akd [ALLOWED] C. R. M. (NDPS) 1541 of 2022 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 16.12.2022 in connection with Chapra Police Station Case No. 528 of 2021 dated 06.12.2021 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No.136 of 2021) And In Re: Jummat Ali Sekh @ Jummate Ali Sk.

... ... Petitioner Mr. Prabir Majumder ... ... for the petitioner Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 90 days. It is further submitted 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 and period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Jummat Ali Sekh @ Jummate Ali Sk., 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 Judge, Special Court under the NDPS Act, Nadia at Krishnanagar 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.)