This short order grants bail to the petitioner under Section 439 CrPC. Considering the seized quantity was below commercial limits and the detention period of 158 days, the court ordered release on a bond with specific conditions.
Petitioner released on bail upon furnishing a bond of Rs.10,000 with two sureties of like amount.
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109 07.04.2022 AD Ct. No.29 (Allowed)
C.R.M. (NDPS) 29 of 2022
In Re: - An application for bail under Section 439 of the Code of Criminal Procedure in connection with NDPS Case No.99/2021 in connection with N.C.B. Crime No.67/NCB/KOL/2021 under Section 8(c) R/w 22(b)/29 of NDPS Act, 1985. And
In the matter of: Bhagwat Singh Mr. Subhabrata Chowdhury Ms. Tripti Pandey Mr. Biswajit Goswami Mr. Y.J. Dastoor, Ld. ASG Ms. Jayita Dhar
….petitioner. Mr. Subhabrata Chowdhury Ms. Tripti Pandey Mr. Biswajit Goswami …for the petitioner. Mr. Y.J. Dastoor, Ld. ASG Ms. Jayita Dhar …for the NCB. Petitioner seeks bail.
Considering the fact that the narcotics seized from the petitioner is below the commercial quantity and considering the period of detention of the petitioner, that is, 158 days and considering the fact that the Narcotic Control Bureau filed the complaint with the jurisdictional Court, we enlarge the petitioner on bail.
Accordingly, the petitioner be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only) 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, Barasat, North 24 Parganas, subject to the condition that during bail the petitioner shall appear before the learned trial court on the dates fixed till the disposal of the trial and that the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever.
2
In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court.
The application for bail being C.R.M. (NDPS) 29 of 2022 is, thus, disposed of.
(Debangsu Basak, J.)
(Bibhas Ranjan De, J.)
2 issues framed by the court
Whether the petitioner should be released on bail considering the quantity of seized narcotics and the period of detention.
What bail conditions should be imposed upon the petitioner's release.
2 provisions across 2 enactments
Bhagwat Singh
Narcotic Control Bureau
Debangsu Basak
Bibhas Ranjan De
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
