Md. Kamiruddin @ Kammu v. State Of West Bengal

Serial no.7.

September 29, 2020.

SG CRM 7260 of 2020 with CRAN 1 of 2020 In Re. An application for bail under Section 439 of the Code of Criminal Procedure in connection with Kaliachak Police Station Case No.785 of 2019 dated 30.11.2019 under Sections 18(b)/29 of NDPS Act.

In the matter of: Md Kamiruddin @ Kammu ...petitioner.

Mr Sourav Chatterjee Mr Avinaba Patra ... for the petitioner.

Mr Binay Kumar Panda Ms Pushpita Saha ... for the State.

The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking. The petitioner claims that since intermediate quantity of contraband was recovered from the joint possession of two persons, the petitioner should not be detained any more as he has already been in custody for more than 300 days. The State says that the only apprehension is that this petitioner will not run the moment he is released. The petitioner, however, claims not to have any antecedents and says that he will stay within the jurisdiction of Kaliachak Police Station and not leave the local limits of such police station till the trial is completed.

The petitioner is directed to be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand Only) with two sureties of like amount, one of whom must be local, to the satisfaction of the appropriate court in Malda. The petitioner will not travel beyond the jurisdiction of Kaliachak Police Station till the trial is completed and must attend every date fixed for trial and any unexplained absence will entitle the trial court to cancel the bail without reference to this court. The petitioner will report to the Officer-inCharge of Kaliachak Police Station once a fortnight till the trial is completed.

CRM 7260 of 2020 and CRAN 1 of 2020 are disposed of. ( Sanjib Banerjee, J. ) ( Aniruddha Roy, J. )