Calcutta High Court (Appellete Side)
2015 Dated 12.06.2015 Under Section 22 ... vs In Re : Akbar Ali on 17 July, 2018
1 17.07.201827
sdas Allowed C.R.M. 4861 of 2018 In Re:- An application under Section 439 of the Code of Criminal Procedure filed on 13.07.2018 in connection with Lalgola Police Station Case No. 435 of 2015 dated 12.06.2015 under Section 22 of the NDPS Act, 1985.
And
In Re : Akbar Ali ...... petitioner
Mr. Deep Chaim Kabir,
Mr. Arnab Saha
.....for the petitioner
Mr. Sanjay Bardhan,
Mr. Saryati Datta
....for the State
It is submitted by the learned Counsel appearing for the petitioner that he is in custody for 179 days and that he has been falsely implicated in the instant case.
Learned Counsel appearing for the State opposes the prayer for bail and submits that the police personnel recognized some persons who were transporting phensedyl syrup containing codeine above commercial quantity.
We have considered the materials on record. We find that persons who were transporting phensedyl syrup containing codeine above commercial quantity were chased by BSF personnel. Thereupon, the miscreants ran away abandoning the consignments at the spot. BSF personnel were informed by the local villagers about the identity of the accused persons including the petitioner. 2 It is argued that no local villager identifying the petitioner has been examined during investigation.
In view of the aforesaid submission made on behalf of he petitioner, we are of the opinion that it is a matter to be decided in the course of trial as to whether the identification of the petitioner in the instant case has been established or not. However, as no local people identifying the petitioner as one of the miscreants transporting narcotics we are inclined to hold that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act. Keeping in mind the aforesaid fact and the period of detention suffered by the petitioner, we are of the opinion that further detention of the petitioner may not be necessary in the facts of the case.
Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Murshidabad, on condition that he shall not intimidate the witnesses or tamper with evidence in any manner whatsoever and they shall not leave the jurisdiction of Lalgola Police Station except for attending the Court proceedings until further orders and shall not commit similar offences in future and he shall appear before the trial court on every date of hearing and in the event he fails to do so, the trial court shall be at liberty to cancel his bail without further reference to this Court.
The application for bail is, accordingly, allowed. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.) 3