Mohit Sk @ Mahidul Islam @ Mohidul Islam @ Mohid Sk v. State Of West Bengal

rkd 01.12.2020 Ct. No.03 (Allowed) C.R.M. 9488 of 2020 (Through Video Conference) In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with Raninagar P.S. Case No. 137 of 2020 dated 11/03/2020 under Sections 21(c)/20(B)/29 of the NDPS Act.

And In the matter of: Mohit Sk @ Mahidul Islam @ Mohidul Islam @ Mohid Sk ....petitioner.

Mr. S. Adhikary ...for the petitioner.

Mr. S. Banjeree, Mr. S. De ...for the State.

Petitioner is in custody for 76 days and it is submitted that no narcotic substance was recovered from his possession. Learned counsel appearing on behalf of the State opposes the prayer for bail.

Having considered the materials in the case diary and bearing in mind the nature of allegations and in view of the fact that no narcotic substance was recovered from his possession and his complicity has transpired from the statement of coaccused person 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 keeping in mind the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner. Accordingly, the petitioner are directed to be released on bail upon furnishing a Bond of Rs. 10,000/- 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, Berhampore, Murshidabad subject to the condition that during bail he shall appear before the learned trial court regularly till disposal of the trial and he hall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.

The application for bail is, thus, disposed of. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)