Calcutta High Court (Appellete Side)
Samsuzzoha @ Santanu & Anr vs Crm (Ndps) 369 Of 2022 on 11 April, 2022
Author: Debangsu Basak
Bench: Debangsu Basak
11.04.2022 Serial no. 40 & 43 Aloke Ct. No. 29 CRM (NDPS) 366 of 2022 In the matter of : Samsuzzoha @ Santanu & Anr.
And CRM (NDPS) 369 of 2022 In the matter of : Mousumi Khatun In re : An Application for Bail under Section 439 of the Code of Criminal Procedure in connection with Eco Park P.S. Case No. 18 of 2022 dated 17.01.2022 under Sections 21(b)/22/27A/28/29 of the NDPS Act.
Mr. Biswajit Manna, Advocate ... ... For the Petitioners in CRM (NDPS) 366 of 2022 Mr. Mrityunjoy Chatterjee, Advocate Mr. Debapriya Majumder, Advocate ... ... For the Petitioner in CRM (NDPS) 369 of 2022 Mr. Sanjoy Bardhan, Advocate Ms. Baishakhi Chatterjee, Advocate ... For the State in CRM (NDPS) 366 of 2022 Mr. Ranadeb Sengupta, Advocate ... For the State in CRM (NDPS) 369 of 2022 Two applications for bail are taken up for hearing analogously as they emanate out of the same police case.
245 grams of heroin was seized from the accuseds. The quantity is below the prescribed commercial quantity. The police filed charge-sheet. The petitioners are in custody in excess of 84 days.
Considering the period of detention of the petitioners and considering the fact that the police filed charge-sheet, we are inclined to grant bail to the petitioners.
Accordingly, we direct that the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) each with two sureties of like amount each, one of whom must be local, to the satisfaction of 2 the learned Judge, Special Court under NDPS Act, 1985, Barasat, North 24 Parganas, subject to condition that petitioners shall appear before the learned trial court on every date of hearing until further orders and shall not intimidate witnesses and/or tamper with evidence in any manner whatsoever.
In the event, the petitioners fail to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel the bail of the petitioners in accordance with law without further reference to this Court.
The prayer for bail is allowed.
CRM (NDPS) 366 of 2022 and CRM (NDPS) 369 of 2022 are disposed of.
(Debangsu Basak, J.) (Bibhas Ranjan De, J.)