Aanchal Halder v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(NDPS)/10/2024 Aanchal Halder Vs.

The State Mr. Rakesh Pal Gobind ... for the petitioner Ms. A.S.Zinu ... for the State June 18, 2024 [SR] Item No.2 Learned counsel for the petitioner submits at the outset that the petitioner is merely 20 years old and is a student.

It is submitted that although contraband material above commercial quantity was recovered from a motor-bike, the co-accused police constable who had allegedly handed over the said package to the petitioner has been enlarged on bail.

It is further submitted that the petitioner ought not to have been detained on the statement of the co-accused. Further, charge sheet has already been filed in the matter and trial has commenced. Dates are being fixed for evidence. Learned counsel for the petitioner further adds that the there is no criminal antecedent of the petitioner.

Learned counsel for the state seriously opposes the prayer for bail and submits that the rigour to section 37 of the NDPS Act is squarely applicable as recovery was made from the motorbike which was being driven by the petitioner. On a careful scrutiny of the materials handed over to us including the case diary and upon hearing learned counsel for the petitioner, we are of the opinion that although a prima facie case to attract Section 37 of the NDPS Act has been made out, there are certain mitigating circumstances in the present case.

First, we cannot be unmindful of the fact that the petitioner is only 20 years old and a student and has no

criminal antecedent. In the event the undertrial custody of the petitioner is extended for a prolonged period, there is every chance that the petitioner's career might suffer irretrievably.

That apart, since the charge sheet has already been filed and the petitioner is in custody since October, 2023, we do not find any necessity of further custodial detention. Thus, we are of the opinion that the petitioner ought to be enlarged on bail; however, upon imposition of stringent conditions in the facts and circumstances of the case, with the rider that the present order shall not operate as a precedent.

Accordingly, CRM(NDPS)/10/2024 is allowed, hereby granting bail to the petitioner on condition that the petitioner shall furnish bond of Rs. 20,000 (Rupees twenty thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Port Blair. Further, the petitioner shall not make any inducement, threat or promise to any person having acquaintance with the facts and circumstances of the case so as to dissuade such person from disclosing such facts to the court or to any police officer and or tamper with evidence in any manner whatsoever. Also, the petitioner shall not indulge in any criminal activity, including the offence which has been alleged against her in the present case.

Furthermore, the petitioner shall not leave the territorial jurisdiction of the trial court without leave of the trial court throughout the period of trial and shall attend each and every day of trial.

The case diary handed over to the court is returned to learned counsel for the prosecution.

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