Shri Nadeem Jamil v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (NDPS)/13/2024 Re:

An application for bail under section 482 of the Bharatiya Nagarik Suraksha Sanhita 2023 in connection with Special Case No.39 of 2018 under section 20(b)(ii) A of NDPS Act, 1985.

And In the matter of:

Nadeem Jamil ... Petitioner Mr. C.S.Yasir Mr. P.Kannan ... for the petitioner Mr. Sumit Karmakar ... for the State December 11, 2024 [SR] Item no. 2 1.

The petitioner was arrested on 27.11.2024 when he voluntarily surrendered before the Court of the learned Sessions Judge prior to execution of the warrant of arrest issued against him. Since then he is in custody. He did not appear before the Court on the date of framing of charge. Subsequently, his prayer for release on bail was rejected by the learned Sessions Judge (NDPS) on 06.12.2024 on the ground of his bad conduct.

2.

However, learned public prosecutor submits that 28 grams of ganja were recovered from his possession which can be treated as 'small quantity'. Due to non-cooperation of the accused person, trial of this case did not commence yet. 3.

Considering the facts and circumstances, we are granting bail to the petitioner on the following conditions: (a) The petitioner shall furnish a bond of Rs.10,000/- (Rupees ten thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Session Judge (NDPS), Port Blair;

(b) The petitioner shall report to the Station House Officer of the subject police station once a week until further orders.

(c) The petitioner should appear before the learned Trial Court on every date of hearing till framing of charge. (d) The petitioner shall not leave the Islands without prior permission of the Trial Court.

In the event the accused petitioner fails to comply with any of the conditions stipulated above, the Trial Court shall be at liberty to cancel his bail in accordance with law and without any further reference to this Court.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. The Department is directed to forward a copy of this order to the Learned Trial Court for necessary compliance. ( Amrita Sinha, J. ) ( Uday Kumar, J. )