Calcutta High Court (Appellete Side)
3.02.2020 Under Section 20 (B) Of The ... vs In Re : Mahatab Sk on 2 June, 2020
1 02.06.2020
C.R.M. 3510 of 2020 Sl. 6 With Sp. C.R.A.N. 1808 of 2020 (Via Video conference) In Re:- An application for anticipatory bail under Section 439 of the Code of Criminal Procedure, 1973 in connection with Daulatbad Police Station Case No. 20 of 2010 dated 13.02.2020 under Section 20 (b) of the NDPS Act.
And In Re : Mahatab Sk. .....petitioner.
Mr. Tanmoy Basu ..... for the petitioner.
Mr. N. Ahmed, Mr. Anwar Hossain, Ms. Sukanya Bhattacharya ...for the State The petitioner undertakes to affirm and stamp the petition as per the Rules within 48 hours of resumption of normal functioning of the court. The petition is taken up through video conference on the basis of such undertaking.
The petitioner says that the quantum of contraband recovered from the possession of the petitioner was not commercial quantity. The petitioner, however, acknowledges that a misstatement was made by a clerk to the effect that the petitioner had died and, when the petitioner came to aware of such mistaken representation, the petitioner 2 voluntarily surrendered and is now in custody for nearly a year.
The State says that the trial was continuing before the present situation disrupted the same. According to the State, eight of the 12 witnesses have already been examined and if bail were to be granted to this notorious petitioner, the remaining trial may be in jeopardy.
Considering the material against the petitioner and his conduct, there does not appear to be any further need to detain him. Accordingly, the petitioner will be released on bail upon furnishing security of Rs. 10,000/- (Rupees Ten Thousand only) together with personal release bond of equivalent value to the satisfaction of the appropriate Court in Murshidabad. The petitioner will, however, not leave the District of Murshidabad for any purpose whatsoever without the express previous permission obtained from the trial Court.
CRM 3510 of 2020 and CRAN 1808 of 2020 are disposed of.
(Sanjib Banjerjee, J.) (Aniruddha Roy, J.) 3