Allowed

Parvin Begam@Pammi v. State of West Bengal

Calcutta HC2 Jun 2021CRM/3737/2021

Case brief

AI extract

What is this about?

In an application for bail under Section 439 CrPC regarding an N.D.P.S. case, the High Court granted bail, holding that Section 37 was not attracted as the evidence was inadmissible and no contraband was recovered.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000 with two sureties of the like amount, one local, subject to standard bail conditions.

Parvin Begam@Pammi Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2021)

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02.06.2021 Item no.20 Court No.28 Avijit Mitra

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C.R.M. 3737 of 2021 (through video conference)

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In Re:- An application for bail under Section 439 of the Code of Criminal Procedure;

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And

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In Re : Parvin Begam @ Pammi

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…. petitioner

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Mr. Sudip Ghosh Chowdhury ….for the petitioner Mr. Saibal Bapuli, Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan …… for the State

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The present application for bail under Section 439 of the Code of Criminal Procedure has been preferred in connection with Chinsurah Police Station Case No.421/2020 dated 17.12.2020 under Section 21(C)/29 of the N.D.P.S. Act;

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Having heard the learned advocates appearing for the respective parties, it appears that the petitioner’s name has transpired on the basis of a statement of a co-accused person before a police officer, which is inadmissible in evidence and no contraband substance has been recovered from the petitioner's possession and as such, the rigors of Section 37 of the N.D.P.S. Act are not attracted.

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Upon completion of investigation charge sheet has also been submitted and as such further detention of the petitioner, who is in custody for about 166 days, is not warranted in the facts and circumstances of the present case.

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Accordingly, the petitioner, namely, Parvin Begam @ Pammi , be released on bail upon furnishing a bond of

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Rs.10,000/- (Rupees Ten Thousand only), with two sureties of the like amount, one of whom must be local, to the satisfaction of the Learned Special Judge under N.D.P.S. Act, Hooghly.

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The petitioner shall attend the trial court on all the dates specified for hearing.

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While on bail, the petitioner shall not intimidate witnesses and/or tamper with the evidence in any manner whatsoever.

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It is made clear that in the event the petitioner fails to comply with any of the aforesaid directions, without justifiable cause, the learned trial court shall be at liberty to cancel the petitioner’s bail, without any further reference to this Court.

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The application for bail being C.R.M. No.3737 of 2021 is, accordingly, disposed of.

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All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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(Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)

Parvin Begam@Pammi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Parvin Begam@Pammi v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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