Ashok Kumar Maity v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(NDPS)/11/2024 In Re: An application for bail under section 483 of BNSS, 2023 in connection with the Rangat Police Station, FIR No.78 of 2024 dated 01.09.2024 under sections 22(b)/22(c)/29 of the NDPS Act, 1985 And In Re: Ashok Kumar Maity Mr. Ananda Halder ... for the petitioner Mr. Sumit Karmakar ... for the State November 11, 2024 [SR] Item no. 2
1. This is an application under section 483 of the BNSS 2023 with the prayer for grant of bail.
2. It is submitted on behalf of the petitioner that the present accused/petitioner has been falsely implicated in this case. It is further submitted that the basis of implication of the accused/petitioner is the statement of a co-accused which has got no any evidentiary value at all.
3. It is further submitted that considering the period of detention and also considering the fact that no incriminating material was seized from the possession of the present accused petitioner, the instant application may favourably be considered.
4. While opposing the prayer for bail, learned Public Prosecutor draws attention of this Court to the various materials as available in the case diary.
5. It is submitted that prima facie materials are there in the CD to substantiate that co-accused from whom the commercial quantity of contraband was seized and the present accused petitioner were travelling on the self same date in the same bus and further materials are available to substantiate that there were previous telephonic conversations between them on number of occasions.
6. On perusal of materials on record as placed before this Court and after considering the entire materials, we are of the considered view that nothing could be placed before this Court to substantiate that any incriminating materials was seized from the accused person at least prima facie.
7. It further appears prima facie that the basis of the implication of the present accused petitioner is the statement of the co-accused who has been found to be in possession of commercial quantity of contraband.
8. In view of such, we are of the considered view that present accused petitioner is successful in making out a case for obtaining an order of bail by overcoming the restriction under section 37 of the NDPS Act.
9. It is thus ordered that the present accused person viz; Mr. Ananda Halder may find bail of Rs.30,000/- with two registered sureties of Rs.15,000/- each subject to the satisfaction of the learned Additional Sessions Judge, North and Middle Andaman, Mayabunder in connection with Special Case No.21 of 2024 with a further direction that the present accused petitioner shall not leave the territorial jurisdiction of PS Rangat except for attending Court and shall meet the Investigating Officer of this case twice in a week till the submission of final report unless such conditions are relaxed by the learned Trial Court.
10. The petitioner shall furnish his mobile number and make the same accessible to the Investigating Officer at every point of time.
11. He shall also furnish in advance information as regards his movements within Rangat Police Station.
12. It is made clear that in default of any of the conditions imposed above, the bail shall automatically stand cancelled and the petitioner shall be taken into custody.
13. Let the case diary be returned.
14. CRM(NDPS)/11/2024 stands disposed of.
15. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Hon'ble Court.
( Rajasekhar Mantha, J. ) ( Partha Sarathi Sen, J. )