Amar v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/47/2024 Shri Amar ...Petitioner Vs.

The State ... Respondent Mr. Siddhartha Singha ... for the Petitioner Ms. A.S. Zinu ...for the Respondent August 12, 2024 [M.A.Mobin] Item No.3 The instant application is filed under Section 397 read with Section 401 of the Code of Criminal Procedure praying for modification of order dated 09.7.2024 passed by the learned Additional Sessions Judge, Special Court(NDPS). The petitioner herein is implicated for possessing interim quantity of contraband article, namely narcotic drug. Bail was granted to the petitioner in terms of order dated 25.4.2024 on furnishing bail bond of Rs.10,000/-. Out of Rs.10,000/- there should be two registered sureties of Rs.5,000/- each. There were other direction and condition in the said order. The petitioner's grievance is the rigor of the bail order. The petitioner failed to furnish two registered sureties of Rs.5,000/- each.

The learned Counsel appearing for the petitioner submitted that lenient terms may be imposed.

Ms. Zinu, learned Counsel appearing for the State, submitted that at least no personal bond should be allowed to furnish, since the petitioner is implicated under NDPS Act.

On hearing both the parties, the instant application is disposed of giving direction to the learned Additional Sessions Judge, Special Court (NDPS) to reconsider the conditions of bail and impose lenient conditions of bail Parties are to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. (Sugato Majumdar, J.)