Dipak Barman@Biswajit Barman v. State Of West Bengal

In the Calcutta High Court Circuit Bench at Jalpaiguri (Criminal Miscellaneous Jurisdiction) (Through Video Conference) 26.08.2022 cm/ct 28 C.R.M.(NDPS) No. 254 of 2022 sl no. 1 In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with Kotwali Police Station Case No. 170 of 2022 dated 26.03.2022 under Sections 20 ( b )/25 of the Narcotic Drugs and Psychotropic Substances Act.

And Allowed In Re : Dipak Barman @ Biswajit Barman ..... petitioner Mr. Joydeep Kanta Bhowmik ...... for the petitioner Mr. Aditi Shankar Chakraborty, Ld. A.P.P.

Mr. Aniruddha Biswas ...... for the State Petitioner is in custody for 131 days. He submits no narcotic substance was recovered from the possession of the petitioner. Coaccused has been granted bail. Learned lawyer for the State opposes the prayer for bail. We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Hence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be granted 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. 254 of 2022 is disposed of.

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