Ratan Mondal v. State Of West Bengal

14.09.2020. (Via Video Conference) Item No. 17 (Allowed) ab C.R.M. 6460 of 2020 + I.A. No. C.R.A.N. 1 of 2020 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Balurghat P.S. Case No. 208 of 2019 dated 31.03.2019 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act;

And In the matter of : Ratan Mondal ... petitioner.

Mr. Kaushik Choudhury ...For the petitioner.

Mr. Rana Mukherjee, Ld. APP, Mr. Santanu Chatterjee.

...For the State.

The learned Advocate-on-Record of the petitioner undertakes to affirm and stamp the petition/application as per the Rules within forty-eight hours of resumption of the normal functioning of the Court.

Subject to such undertaking and urgency, the application is taken up for hearing through Video Conference.

Accordingly, the interlocutory application being IA No. CRAN 1 of 2020 is disposed of.

The learned Advocate for the petitioner submits that although 10 liters of codeine mixture were recovered in this case but the same were from the possession of another accused and on the basis of which the present petitioner has been implicated in this case. He further submits that no recovery has been made for the possession of the petitioner and similarly placed accused person has been granted bail in CRM 4558 of 2020 by a Co-ordinate Bench of this Court. The learned Advocate for the State concedes the submission of the learned Advocate for the petitioner.

Having taken into account that the similarly placed accused has been granted bail by a Co-ordinate Bench of this Court in CRM 4558 of 2020, we are of the opinion that similar relief must be extended to the present petitioner. Accordingly, the petitioner, namely, Ratan Mondal, will be released on bail upon furnishing security of Rs. 10,000/- together with personal release bond of equivalent value to the satisfaction of the appropriate Court in Dakshin Dinajpur. The petitioner must, however, attend on every date fixed for trial and in the event of failing to do so, the trial court shall be at liberty to cancel the bail of the petitioner without any reference to the Court.

The application being CRM 6460 of 2020 is allowed. (Tirthankar Ghosh, J.) (Harish Tandon, J.)