Calcutta High Court (Appellete Side)
Of 2015 Dated 12.6.2015 Under Sections ... vs Allowed on 9 October, 2018
1 09.10.2018
tkm/ct 28 C.R.M. 8753 of 2018 sl no. 43
In Re : An application for bail under section 439 of the Code of Criminal Procedure filed on 3.10.2018 in connection with Lalgola P.S Case no. 435 of 2015 dated 12.6.2015 under sections 22 of the NDPS Act And Allowed In Re : Kabirul Islam @ Sk ........ petitioner Mr. D. C. Kabir Mr. Arnab Sha ...... for the petitioner Mr. R. Sengupta ...... for the State Petitioner is in custody for 120 days and it is submitted on behalf of the petitioner that co-accused Akbar Ali has been granted bail by this court.
Learned lawyer for the State opposes the prayer for bail and submits that the co-accused persons were transporting phensedyl syrup containing codeine above commercial quantity.
We have considered the material on record and we find that the miscreants carrying phensedyl syrup containing codeine above commercial quantity fled away when the BSF personnel chased them. Although it is claimed that the local people informed the BSF personnel as to the identity of the petitioner and other accused persons no local villager has been examined in the course of investigation. Co-accused Akbar Ali who was enlarged on bail stands on the same footing as the petitioner. In the aforesaid 2 circumstances, we are of the opinion that the petitioner has been able to rebut the statutory restrictions under section 37 of the NDPS Act.
In view of the aforesaid fact and in view of the period of detention suffered by the petitioner, we are inclined to grant bail to the petitioner.
Accordingly, the petitioner 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 NDPS Act, Murshidabad on condition that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and shall not commit similar offences in future and on further condition that the petitioner shall not leave the jurisdiction of Lalgola P.S except for attending the court proceedings until further orders.
In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court.
The application being CRM 8753 of 2018 is disposed of. (Ravi Krishan Kapur, J.) (Joymalya Bagchi, J.) 3