Calcutta High CourtCRM(NDPS)/225/2022allowed

Sanjoy Roy v. State Of West Bengal

2022-07-25Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Ananya Bandyopadhyay2 pages

In the High Court at Calcutta Circuit Bench at Jalpaiguri (Through Video Conference) 25.07.2022 cm/ct 28 C.R.M.(NDPS) No. 225 of 2022 sl no. 3 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotwali P.S Case No. 170 of 2022 dated 26.03.2022 under Sections 20(b)(c))/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And Allowed In Re : Sanjoy Roy.

..... petitioner Ms. Jeenia Rudra ...... for the petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Biswarup Roy ...... for the State Petitioner is in custody for 74 days. It is contended no narcotic substance was recovered from the possession of the petitioner. Principal accused Gobinda Mondal is in jail. Learned lawyer for the State opposes the prayer for bail. He submits that complicity of the petitioner transpired from the confessional statement of co-accused.

We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner and his complicity in the alleged offence has transpired from the statement of co-accused before police officer which is inadmissible in evidence.

Under such circumstances, we are of the opinion that petitioner has been able to rebut statutory restrictions under section 37 of the NDPS Act and he may be released on bail. Accordingly, the petitioner 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, Jalpaiguri on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event petitioner 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 being CRM(NDPS) No. 225 of 2022 is disposed of.

(Ananya Bandyopadhyay, J.) (Joymalya Bagchi, J.)