Nasim Sk v. State Of West Bengal

22.12.2020 Sdas allowed CRM 10622 of 2020 (via video conference) In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Md. Bazar Police Station Case No. 152 of 2020 dated 04.09.2020 under Section 20(b) of the N.D.P.S. Act.

And In Re : Nasim Sk ...... petitioner Mr. Sujoy Sarkar .....for the petitioner Mr. Ranadeb Sengupta ..... for the State Statements of the witnesses disclose recovery of narcotic substance below commercial quantity i.e. 13.5kgs. of Ganja. In view of the aforesaid facts including period of detention suffered by the petitioner i.e. 110 days, we are inclined in granting bail to him.

Accordingly, we direct that the petitioner shall 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, Birbhum, subject to the condition that the petitioner 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 fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without further reference to this Court. The application for bail is, accordingly, allowed. (Suvra Ghosh, J.) (Joymalya Bagchi, J.)