Gour Paul @Gour Chandra Paul v. State Of West Bengal

15.10.2020 Court No. 12 cp Item - 3 CRM 6720 of 2020 CRAN 1 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur Police Station Case No. 407 of 2020 dated 22.05.2020 under Section 20(b)(ii)(c)/23(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of: Gour Paul @ Gour Chandra Paul ....Petitioner.

Mr. Anindya Ghosh.

...for the Petitioner.

Mr. Sanjoy Bardhan, Mr. Palash Chandra Majhi.

...for the State.

The petitioner undertakes to affirm and appropriately stamp the petition as per Rules within a month of resumption of normal functioning of the court. The application is taken up through video conference on the basis of such undertaking.

Having considered the materials on record and having regard to the fact that the petitioner was implicated on the basis of a statement made by a co-accused which is inadmissible in evidence and also having regard to the fact that no narcotic substance was recovered from the petitioner, we are inclined to grant bail to the petitioner. Accordingly the petitioner may be enlarged on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Special Judge(NDPS), Raiganj, Uttar Dinajpur with further condition to comply with the provision of Section 437 (3) of the Code of Criminal Procedure and on condition

that the petitioners shall meet the investigating officer once in a week and shall not leave the jurisdiction of the concerned police station without the leave of the Court.

In the event the petitioner fails to comply with the conditions as enshrined hereinabove, it is open to the trial court to cancel the bail without any further reference to this Court.

The application for bail is thus allowed.

CRM 6720 of 2020 and CRAN 1 of 2020 are allowed. (Soumen Sen, J.) (Aniruddha Roy, J.)