Calcutta High Court (Appellete Side)
An Application For Bail Under Section ... vs Rajesh Singh And Another on 30 April, 2014
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
1 S/L. April C.R.M. 4839 of 2014 30, 2014 pk.
In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on April 2, 2014 in connection with Lake Town Police Station Case No. 267 of 2013 dated September 12, 2013 and Ref. Case No. 160 of 2013 under Sections 20(i)(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;
And In the matter of : Rajesh Singh and another ...petitioners.
Versus State of West Bengal ...opposite party.
Mr. Litan Maitra ...for the petitioners.
Mr. Dipankar Mahato ...for the State.
This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with Lake Town Police Station Case No. 267 of 2013 dated September 12, 2013 and Ref. Case No. 160 of 2013 under Sections 20(i)(b) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Mr. Litan Maitra, learned advocate, appears for the petitioners and submits that he has been instructed by his client not to press the application for bail against the petitioner no. 2, namely, Md. Salim.
The application for bail against the petitioner no. 2, namely, Md. Salim is, therefore, dismissed as not pressed.
We have heard the learned advocates appearing for the parties and perused the case diary.
Although this case involves commercial quantity of the contraband article, but there are large discrepancies in the case diary. It was alleged that three accused persons were going by a motor cycle and they were carrying 21 kgs. ganja. The motor cycle was not seized. In the 2 charge-sheet, the seizure witnesses were not cited as witnesses.
Mr. Antarikshya Basu, learned advocate, appearing for the State, in his usual fairness, submits that it is not possible for him to improve the case.
Therefore, the involvement of the accused/petitioner, prima facie, appears to be doubtful.
It is submitted on behalf of the petitioner that the petitioner is in custody for 6 months and charge-sheet has, already, been submitted and that further detention of the petitioner is not necessary.
Having considered the materials in the case diary and the period of detention and in view of the fact that investigation in the instant case is complete, we do not think that further detention of the petitioner is necessary.
As such, the petitioner no. 1, namely, Rajesh Singh @ Das shall be released on bail to the satisfaction of the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985 at Barasat, District: North 24 Parganas, upon execution of a bail bond of Rs. 5,000/- (Rupees five thousand) only with two sureties of like amount, one of whom must be local, on condition that the petitioner shall attend the court regularly on each and every occasion unless prevented by sufficient cause.
The application for bail, thus, stands allowed.
( Subhro Kamal Mukherjee, J. ) ( Dr. Mrinal Kanti Chaudhuri, J. )