Aloka Begum @ Puspa Begam v. State Of West Bengal

10.02.2023 12.

mb Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 148 of 2023 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure filed on 31.01.2023 in connection with Matigara Police Station Case No. 1122 of 2020 dated 05.11.2020 under Sections17(c)/23(c) of the NDPS Act, 1985.

In the matter of : Aloka Begum @ Puspa Begam ... petitioner Mr. Aniruddha Biswas, Ms. Rima Sarkar, Mr. Sourav Sarkar Mr. Abhay Pada Chatterjee, ...for the petitioner Mr. Ujjwal Luksom, Ms. Namrata Das .....for the State.

Heard learned counsel appearing for the parties. Learned counsel appearing for the petitioner contends that the petitioner is suffering from brain tumour and proper treatment is not possible unless she is enlarged on bail. It is also contended that the petitioner is in custody for more than two years. On such humanitarian ground, petitioner prays for bail.

Learned counsel appearing for the State submits that he has nothing to say regarding her illness but has objection on the merits of the case.

However, considering the above circumstances, we are inclined to grant bail to the petitioner.

Accordingly, CRM (NDPS) 148 of 2023 is allowed, thereby granting bail to the petitioner on condition that the petitioner shall furnish a bond of Rs. 10,000/-(Rupees Ten Thousand), 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), Siliguri. The petitioner shall not leave the territorial jurisdiction of the trial court during the entire period of trial and attend trial on each and every date.

(Sabyasachi Bhattacharyya, J.) (Rai Chattopadhyay, J.)