Calcutta High CourtCRM/1264/2021allowed

Pranjit Mondal@ Pranjait Mondal@ Pranjit Mandal v. The State Of Wrest Bengal

2022-01-13Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Aniruddha Roy2 pages

21. CIRCUIT BENCH OF CALCUTTA HIGH COURT 13-01-2022 AT JALPAIGURI (ct. no.01) debajyoti (allowed) Via Video Conference CRM 1264 of 2021 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Birpara Police Station Case No.200 of 2021 dated 31-10-2021 under Section 20(b)(ii)(c) of the NDPS Act.

- A n d - In the matter of : Pranjit Mondal @ Pranjait Mondal @ Pranajit Mandal .... Petitioner.

Mr. Surajit Basu, Mr. Sankarnath Mukherjee, Mr. Niraj Gupta, Ms. Mousumi Das ... For the Petitioner.

Mr. Aditi Shankar Chakraborty, learned APP, Mr. Sourav Ganguly ... For the State.

The charge is under the provisions of the Narcotic Drugs and Psychotropic Substances Act.

We have seen the material in the Case Diary including the seizure list. There was no recovery from the petitioner. In that view of the matter, the restrictions in Section of the Narcotic Drugs and Psychotropic Substances Act may not be attracted. From the Case Diary, prima facie, we do not find any material which incriminates this petitioner. He is in custody for about 50 days. On an overall assessment of the facts and circumstances of the case, we are of the view that further custodial detention of the petitioner is not necessary so long as he cooperates with the Investigating Officer.

Accordingly, we direct that the petitioner, namely, Pranjit Mondal @ Pranjait Mondal @ Pranajit Mandal, shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Special Judge under NDPS Act, Jalpaiguri. 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. He shall report to the Investigating Officer once every week until further orders. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial Court shall be at liberty to cancel the bail in accordance with law without further reference to this Court. The application for bail being CRM 1264 of 2021 is, thus, allowed.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Aniruddha Roy, J.) (Arijit Banerjee, J.)