Rahul Das v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(NDPS)/5/2023 Rahul Das Vs.
The State Mr. Ananda Halder ... for the petitioner Ms. A.S.Zinu ... for the State November 17, 2023 [SR] Item No.1 1.
Heard learned counsel representing the State and the learned counsel for the petitioner.
2.
On the basis of an information that the accused person namely Rahul Das, a resident of Nitai Colony, Neil Kendra, Shaheed Dweep has cultivated some Cannabis plants in a white colour jerrican beside his under constructional residential house, Saheed Dweep PS Case No.20 of 2023 was registered on 19th September, 2023 under section 20(a)(i) NDPS Act, 1985 and the accused person was arrested. 3.
It is submitted by learned counsel for the petitioner that, in course of investigation, only two saplings of cannabis were recovered from the joint property of the accused petitioner. There is no evidence so far, prima facie to indicate that the accused person was engaged in cultivation of cannabis. He is in custody for 58 days being falsely implicated in the case. 4.
Opposing such prayer, learned counsel for the State submits that the investigation is still going on considering the nature of the offence, the accused person may not be admitted on bail.
5.
Pursuant to the order passed by the Coordinate Bench, a report has been filed. The accused person is in custody for 58 days.
6.
In course of investigation, till date, there is nothing to indicate that the accused person was engaged in cultivation of cannabis. Possibility of sprouting of sapling on its own cannot be ruled out taking into consideration that only two saplings of cannabis were seized.
7.
Under such circumstances, we are inclined to admit the accused person on bail upon furnishing bail bond of Rs.5,000/- with two registered sureties of the equal amount, to the satisfaction of the learned Special Judge under the NDPS Act at Port Blair and with the further condition that he shall join the investigation and he shall not make any attempt to tamper with the evidence or influence the witness in any manner whatsoever.
8.
CRM(NDPS)/5/2023 stands disposed of.
9.
Urgent photostat copy of this order, if applied for, be supplied to the parties upon compliance of usual formalities. ( Soumen Sen, J. ) ( Siddhartha Roy Chowdhury, J. )