Sabir Miya @Bhola v. State Of West Bengal

CRM No.10947 of 2020 05.02.21 (S.R.) Sl.14 Ct.28 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed in connection with Memari Police Station Case No.416 of 2020 dated 02.09.2020 under Sections 20(b)(ii)(c) of the NDPS Act, 1985; And In re: Sabir Miya @ Bhola ... petitioner.

Mr. Debapriya Samanta ... for the petitioner.

Mr. Saryati Datta ...for the State.

The learned advocate for the petitioner submits that the contraband so seized happens to be ganja and the total quantum which was involved is 5.8 kgs. Additionally, the learned advocate submits that the petitioner is in custody for 107 (one hundred seven) days and charge sheet has also been submitted. Learned advocate for the State opposes the prayer for bail and draws the attention of this Court to the seizure list.

We have perused the seizure list and we find that intermediate quantity of contraband is involved in the case and having considered the detention of the petitioner, we are of the opinion that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Sabir Miya @ Bhola, shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Judge, 3rd Special Court (NDPS Act), Purba Burdwan, subject to the condition that the petitioner shall meet the officer-in-charge of the Memari Police Station once in a week until further orders after he is released on bail.

The application for bail being CRM No.10947 of 2020 is, thus, allowed. All the parties shall act on a server copy of this order. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)