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Calcutta High Court (Appellete Side)

An Application For Bail Under Section ... vs Md. Firoz @ Mota Firoj on 7 February, 2014

Author: R. K. Bag

Bench: R. K. Bag

1

32. February C.R.M. 1189 of 2014 7, 2014 In the matter of : An application for bail under Section 439 of the Code of Criminal Procedure filed on January 20, 2014 in connection with Bhawanipore Police Station Case No. 623 of 2012 dated December 2, 2012 under Sections 21(c)/29/25(1A)(a)/27 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

And In the matter of : Md. Firoz @ Mota Firoj ...petitioner.

                                               Versus

                                      State of West Bengal                          ...opposite party.

                                      Mr. D. C. Kabir,
                                      Mr. Md. Musharrof Hossain,
                                            ...for the petitioner.

                                      Mr. Rajesh Jana,
                                            ...for the State.

As prayed for, the learned advocate for the petitioner is granted liberty to amend the cause title of the application for bail.

This is an application under Section 439 of the Code of Criminal Procedure praying for release on bail in connection with S.T. No. 7(7) 2013 arising out of Bhawanipore Police Station Case No. 623 of 2012 dated December 2, 2012 relating to an offence punishable under Sections 21(c)/29/25(1A)(a)/27 of the Narcotic Drugs and Psychotropic Substances Act.

We have heard the learned advocates appearing for the parties and perused the case diary.

It is submitted on behalf of the petitioner that the petitioner is in custody for sixty (60) days and that further detention of the petitioner is not necessary. It has been further submitted that the petitioner has been implicated in the instant case on the basis of the statement of the co-accused, but nothing has been recovered from his possession.

Having considered the materials in the case diary, particularly, in view of the fact that investigation in the instant case is complete and bearing in mind that nothing has been recovered from the possession of the petitioner, we are of the view that further detention of the petitioner is not necessary and he may be granted bail.

Accordingly, the petitioner, namely, Md. Firoz @ Mota Firoj, shall be released on bail to the satisfaction of the learned Judge, Special Court under Narcotic Drugs and Psychotropic Substances Act at Alipore, South 24-Paraganas, upon execution of a bail bond of Rs. dns 10,000/- (Rupees ten thousand) only with two sureties of like amount - one of whom must be local.

The application for bail, thus, stands allowed.

( Subhro Kamal Mukherjee, J. ) ( R. K. Bag, J. )