Dilip Singha v. The State
CIRCUIT BENCH OF CALCUTTA HIGH COURT AT PORT BLAIR 15.07.2021 Court No. 28 Item No. AN - 01 nandy (Via Video Conference) (bail - allowed) CRM 6 of 2021 In Re: An application for Bail under Section 439 of the Code of Criminal Procedure filed on 25.06.2021 in connection with Kalighat Police Station FIR No. 10 of 2019 dated 20.03.2021 under Sections 20(a) of the Narcotic Drugs & Psychotropic Substances Act. (Special (NDPS) G.R. No. 5 of 2021) and In the matter of: Dilip Singha ...... Petitioner Mr. D. Ilango, Advocate Mr. Utpal Majumdar, Advocate ......for the Petitioner Mr. Krishna Rao, Advocate ...... for the State The petitioner has filed the instant application for bail in connection with Kalighat Police Station FIR No. 10 of 2019 dated 20.03.2021 under Sections 20(a) of the Narcotic Drugs & Psychotropic Substances Act.
According to the petitioner he has been falsely implicated in the instant case solely on the ground that there was cannabis plant measuring 2.5 metres planted on the backyard near the toilet of the house. It is further submitted that he is not the recorded owner of the house and there is a common space, which is being used by the adjoining house owners.
Mr. Rao, learned Public Prosecutor, opposes the prayer for bail. It is submitted that the cannabis plant was recovered from the house of the petitioner and, therefore, the case has been started against him.
After hearing the respective submissions and upon perusal of
the materials available from record and the extent of recover so made, we do not think that the rigor of Section 37 of the NDPS Act can be made applicable in this regard. Furthermore, chargesheet has already been submitted without obtaining the Chemical Examination Report with a prayer to file a supplementary chargesheet after receiving the said report. In the facts and circumstances of the case, we think further detention of the petitioner is not required for the purpose of investigation.
As such, the prayer for bail is allowed.
Accordingly, the petitioner shall be released on bail on the following conditions:- i) The petitioner shall furnish a bond of Rs.10,000/-, with two sureties of Rs.5,000/- each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Mayabandar;
ii) The petitioner shall make himself available on each and every date so fixed by the trial Court;
iii) The petitioner shall not tamper with the evidence and shall not intimidate the witnesses in any manner whatsoever; iv) Failure to attend the Court on a solitary day without any justifiable reason shall disentitle the petitioner the privilege of bail and the trial Court would be at liberty to cancel the bail without any reference to this Court.
The application being CRM 6 of 2021 accordingly disposed of. (Harish Tandon, J.) (Subhasis Dasgupta, J.)