Calcutta High Court (Appellete Side)
Kutan Sk. Alias Kabir Ali vs The State Of West Bengal on 9 January, 2015
Author: Nishita Mhatre
Bench: Nishita Mhatre
9.01.15 m No.03 No.17 ishnendu BAIL) C. R. M. No. 17213 of 2014 In re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 05.12.2014 in connection with Lalgola Police Station Case No. 556 of 2011 dated 08.12.2011 under Sections 21/22/29 of the N.D.P.S. Act.
And In the matter of: Kutan Sk. alias Kabir Ali alias Kabirul Islam ... ... Petitioner
- Versus -
The State of West Bengal
Opposite Party
Mr. Deep Chaim Kabir
Mr. Arup Sarkar For the Petitioner
Mr. Sanjoy Bardhan For the State
This is an application for bail filed by the Petitioner, who has been arrested in connection with Lalgola Police Station Case No. 556 of 2011.
We have heard the learned Counsel for the parties. We have seen the case diary and other relevant material.
The learned Counsel, appearing on behalf of the Petitioner, has submitted that there is no material to connect the Petitioner to the charge framed against him and to the contraband seized.
The learned Counsel, appearing on behalf of the State, submits by relying on two judgments of the Supreme Court- one in the case of Union of India -vs- Shri Shiv Shanker Kesari in Criminal Appeal No.1223 of 1997, which was delivered on 14th September, 2007, and the other in the case of Union of India -vs- Ratan Lallik @ Habul, reported in 2009 CRI.L.J 3042, that in terms of Section 37 of the N.D.P.S. Act even if the accused was not found in possession of the contraband, he would not be entitled to be enlarged on bail.
After considering the case diary and the other relevant material, we are satisfied that there is no material, prima facie, to connect the present Petitioner to the seizure of the contraband. The judgments cited do not, in our opinion, in any manner enunciate the proposition, which Mr. Bardhan, the learned Counsel for the State, wants us to accept that non-possession of contraband would not entitle the accused to bail. These judgments have been passed after conviction of the accused. All that the Court has said is that bail must be granted in terms of Section 37 of the N.D.P.S. Act. In our view, the Petitioner deserves to be enlarged on bail.
Hence, we allow this application and direct that the Petitioner, namely, Kutan Sk. alias Kabir Ali alias Kabirul Islam, be released on bail upon furnishing a bond of `30,000/- (Rupees Thirty Thousand) with two sureties of like amount, one of whom must be a local surety, to the satisfaction of the learned Judge, Special Court under N.D.P.S. Act, Murshidabad at Berhampore subject to further condition that the Petitioner herein, on being released on bail, shall not leave the territorial jurisdiction of Lalgola Police Station during the pendency of the trial, except for attending the Court proceeding in the present case.
The application for bail is, thus, disposed of.
(Nishita Mhatre, J.) (R.K. Bag, J.)