Calcutta High CourtCRM(NDPS)/9/2024disposed

K.Mahesh v. The State

2024-06-18Hon'Ble Justice Sabyasachi Bhattacharyya,Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(NDPS)/9/2024 K. Mahesh Vs.

The State Mr. Ananda Halder ... for the petitioner Ms. A.S.Zinu ... for the State June 18, 2024 [SR] Item No.1 Learned counsel for the petitioner argues that only intermediate quantity of contraband articles were recovered. Moreover, nothing was recovered from the person of the petitioner.

Learned counsel for the State opposes the prayer for bail and submits that as per the statement of the coaccused, the present petitioner had a role to play in the alleged offence and had instructed the pharmacy shop, from which the recovery was made, to keep the material aside for later procurement by him.

Be that as it may, we find that since merely intermediary quantity was recovered and nothing was recovered from the petitioner, the presumption under section 37 of the NDPS Act is not attracted.

Hence, there is sufficient scope of benefit of doubt being given to the petitioner with regard to the alleged offence. Accordingly, CRM/NDPS/9/2024 is allowed, thereby granting bail to the petitioner on condition that the petitioner furnishes bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Port Blair. The grant of bail shall be subject to the further condition that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person having acquaintance with the facts and circumstance of the

case so as to dissuade such person from disclosing such information to the court or to any police officer and shall not tamper with the evidence in any manner whatsoever. Further, the petitioner shall meet the investigating officer once in a month till the commencement of the trial and thereafter shall be present on each and every date of trial. That apart, the petitioner shall not also indulge in similar type of activities for which he has been accused. Further, the petitioner shall not leave the territorial jurisdiction of the Trial Court without leave of the investigating Officer at this stage and subsequently without the leave of the trial court as and when the trial is commenced.

[Sabyasachi Bhattacharyya, J.] [Ajoy Kumar Mukherjee, J.]