Sanuar Sk. @Sanowar Ali v. State Of West Bengal

27.11.2020 b.das CRM 9399 of 2020 (Via Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Islampur P.S. Case No.312 of 2016 dated 19.09.2016 under Sections 21(c)/29 of the NDPS Act. And In the matter of: Sanuar Sk. @ Sanowar Ali ....Petitioner.

Mr. Mrityunjay Chatterjee ...for the Petitioner.

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta ...for the State.

Having considered the materials on record and keeping in mind the extent of complicity of the petitioner in the alleged crime and as no narcotic substance was recovered from his possession and as his complicity in the alleged crime had transpired from the statement of coaccused before a police officer, which is inadmissible in evidence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and in view of the period of detention suffered by him and as the co-accuseds have been enlarged on bail , we are inclined to grant bail to the petitioner. Accordingly we direct that the petitioner shall be released on bail upon furnishing a 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 NDPS Act, Berhampur, Murshidabad subject to condition that the petitioners shall appear before the trial court on every date of hearing until further orders

and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

In the event the petitioner fail to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. The application for bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)