Calcutta High Court (Appellete Side)
Nazrul Alam Alias Alam vs Unknown on 20 March, 2015
Author: Subhro Kamal Mukherjee
Bench: Subhro Kamal Mukherjee
4. ch 20, 2015. C.R.M. No. 1995 of 2015 S. In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on March 2, 2015 in connection with Raiganj Police Station Case No. 176 of 2013 dated March 10, 2013 under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And In the matter of: Nazrul Alam alias Alam ...petitioner.
Mr. Amit Roy ...for the petitioner.
Ms. Zareen N Khan ...for the State.
Heard the learned advocates appearing on behalf of the respective parties. The accused/petitioner is seeking bail in connection with a case relating to offences punishable under Section 22(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Although in this case commercial quantity of contraband articles are involved, we are inclined to grant bail to the accused/petitioner. At the instance of one Biswajit Biswas, a case, being no. 175 of 2013 dated March 10, 2013 at 20.45 hours was registered at Raiganj police station against this accused/petitioner alleging commission of offences punishable under Section 380 of the Indian Penal Code. This petitioner was allegedly apprehended on March 10, 2013 at 20.15 hours in connection with Raiganj Police Station Case No. 176 of 2013 (G. D. Entry No. 447 dated March 10, 2013) on the allegation that about 24 kilograms of 'Ganja' was recovered from a Tata Vista Car. It was alleged that the petitioner was one of the passengers of the car. The said Biswajit Biswas was a seizure witness in connection with the said seizure.
Having considered the case diary and the materials on record, and, particularly, when the charge- sheet has been submitted and the petitioner is in custody for two years and, also, considering such anomalies, we are of the opinion that further detention of the accused/petitioner is not necessary.
Therefore, we release the petitioner, namely, Najrul Alam alias Alam, on bail upon furnishing a bond of Rs.10,000/- (Rupees ten thousand) only with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act, 1985, at Raiganj, District- Uttar Dinajpur, on conditions that the accused/petitioner shall meet the Officer-in- Charge of Raiganj police station once in a fortnight till completion of the trial and the accused/petitioner shall attend the court regularly on each and every occasion unless prevented by sufficient cause.
The application for bail is, thus, allowed.
(Subhro Kamal Mukherjee, J.) (Indrajit Chatterjee, J.)