Shri Rajender Singh v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR *** CRM(NDPS)/6/2023 Shri Rajender Singh Vs.

The State Mr.Ananda Halder ... for the petitioner Ms. A.S.Zinu ... for the State November 22, 2023 [SR] Item No.4 1.

We have heard learned counsel for the petitioner and the prosecution.

2.

Learned counsel for the petitioner has submitted that the petitioner has been falsely implicated on the basis of the statement of the co-accused and he has been arrested. He has further submitted that in an earlier case and on similar charges, he has been granted bail.

3.

Learned counsel for the prosecution, however, in opposing the prayer for bail has submitted that he is a habitual offender and he has financed for procuring the narcotics substance above commercial quantity. 4.

Having considered the materials available in the case diary, the nature of the offence and the fact that the petitioner was arrested on the basis of the statement of the co-accused, and nothing was recovered from possession of the petitioner, in our opinion, the presumption under section 37 of the NDPS Act thus stands rebutted.

5.

In view thereof the petitioner shall be released on bail upon furnishing of two sureties of Rs.10000/- each one of whom shall be local with the satisfaction of the Special Judge, NDPS, Port Blair and he shall not leave the jurisdiction without prior permission of the Special Court. The petitioner shall meet the Investigating Officer once in a week and shall cooperate with the investigation. The petitioner shall not intimidate the witnesses and shall not tamper with the evidence.

6.

The application being CRM(NDPS)/6/2023 stands disposed of.

7.

Urgent certified 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. )