Kuddus Bishkaram v. State Of West Bengal

November 12, 2020 srm/ARDR (Serial No. 54) Allowed CRM 9320 of 2020 (Via Video Conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Thanarpara Police Station Case no. 39/2019 dated 14/03/2019 under Section 21(C) of the NDPS Act.

In Re : Kuddus Bishkaram ... petitioner Mr. Angshuman Chakraborty .....for the petitioner Mr. Bidyut Kumar Roy, Ms. Rita Datta, ....for the State.

The petitioner says that though 35 bottles of phensedyl were seized from one Azizul Malitha, nothing was recovered from the petitioner and it is not even as if Azizul named the petitioner as an accomplice.

The State says that the petitioner is involved in the drugs business. However, the State cannot produce any material to demonstrate the petitioner's connection with Azizul or with any transaction in narcotics.

Considering the material against the petitioner, his further detention is deemed unnecessary. However, the petitioner 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.

Subject to the above, the petitioner will be enlarged on bail upon furnishing security 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 appropriate Court in Nadia.

CRM 9320 of 2020 is disposed of.

(Arijit Banerjee, J.) (Sanjib Banerjee, J.)