Jagu Das v. State Of West Bengal

18.12.2020 Sl. No.44 akd [ALLOWED] C. R. M. 10512 of 2020 [via video conferencing] In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.12.2020 in connection with Domjur Police Station Case No. 494 of 2020 dated 27.09.2020 under Section 20(b)(ii)(B) of the NDPS Act.

And In Re: Jagu Das ... ... Petitioner Mr. Soumya Basu Roy Chowdhury .. Advocate ... ... for the petitioner Mr. Sanjay Bardhan .. Advocate Mr. Palash Ch. Majhi .. Advocate ... ... for the State It is submitted on behalf of the petitioner that he is in custody for about 83 days.

Learned advocate appearing for the State opposes the prayer for bail.

We have considered the materials on record. Statements of witnesses disclose involvement of the petitioner in dealing in narcotic substance below commercial quantity. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion that further detention of the accused/petitioner is not necessary.

Therefore, the accused/petitioner, namely Jagu Das, 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 the NDPS Act, Howrah subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with

evidence in any manner whatsoever or commit similar offences in future.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)