Calcutta High Court (Appellete Side)
Nikhil Lakhwani vs N.C.B. & Anr on 4 July, 2018
1 15 04.07.2018
sg Ct. No.28 C.R.M. 441 of 2018 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure filed on 11.01.2018 in connection with NDPS Case No. 140/17 u/s. 8(C)/20(b)(ii)(C)/22/29 of the NDPS (Allowed) Act.
Nikhil Lakhwani Versus N.C.B. & Anr.
Mr. Sekhar Kr. Basu, Sr. Adv.
Mr. D. Haque, Adv.
Mr. M. Mukherjee, Adv.
Mr. R. Majumder, Adv.
Mr. S. Haque, Adv.
Mr. Z. Rauf, Adv.
...for the petitioner.
Mr. Koushik Chanda, Addl. Solicitor General Ms. R. V. Kundalia, Adv.
...for N.C.B. Mr. Saswata Gopal Mukherjee, PP Mr. Pradiptya Ganguly, Adv.
...for the State.
Perused the report of further investigation. We find that the electronic evidence has already been seized and its authenticity is being verified. Some oral statements were also recorded in the course of the said further investigation.
We have considered the aforesaid materials on record. We find that the petitioner is in custody for more than six months and the quantum of narcotic substance seized from his possession is one blot of LSD i.e. .0112 gms. of LSD which is below the commercial quantity. Keeping in mind the materials collected in the course of further investigation as well as the period of detention suffered by the petitioner and that the quantity of narcotic substance seized from his possession is below the commercial quantity, we are inclined in granting bail to the petitioner.
Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.10,000/-(Rupees Ten Thousand only) with two sureties of like amount, one of whom shall be local to the satisfaction of the learned Judge, Special Court, NDPS, Alipore, South 24 Parganas on condition that he shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and shall not commit similar offence in future.
2In the event the petitioner fails to appear before the trial court, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this court.
The application for bail is, thus, allowed. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.)