Ajit Kumar Tete v. The State, Rep By The Pp,Port Blair
30.03.2023
IN THE HIGH COURT AT CALCUTTA
Sl. No.2 Circuit Bench at Port Blair akd [ALLOWED] C. R. M. (NDPS) 4 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 29.03.2023 in connection with Diglipur Police Station FIR No.44 of 2022 dated 04.10.2022 under Section 20(b)(ii)(B) of the NDPS Act. (NDPS Case No.07 of 2022) And In Re: Ajit Kumar Tete ... Petitioner Mr. P. C. Das Ms. Soma Chowdhuri Mr. D. Illango Mrs. Anjili Nag ... for the petitioner Mr. Saleem Mohammad ... for the State It is submitted on behalf of the petitioner that he is in custody for about 175 days. It is further submitted quantity of narcotics allegedly recovered is below commercial quantity. Petitioner does not have criminal antecedents. Investigation is complete. Learned Advocate for the State opposes the prayer for bail.
We have considered the materials on record. Quantity of narcotics recovered is below commercial quantity. Statutory restrictions under Section 37 of the NDPS Act does not apply to the case. Investigation is complete. Under such circumstances and in view of the period of detention suffered by the petitioner, we are of the opinion further detention of the accused/petitioner is not necessary. Therefore, the accused/petitioner, namely Ajit Kumar Tete, be released on bail upon furnishing bond of Rs.
under the NDPS Act, Mayabunder, North & Middle Andaman subject to condition that the said petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition that the petitioner, while on bail, shall meet the Officer-in-charge, Diglipur Police Station once in a week until further orders.
In the event he fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. The application for bail, thus, stands allowed. (Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)