Allowed

Jayanta Das @ Jin v. State of West Bengal

Calcutta HC29 Aug 2022CRM (NDPS)/976/2022

Case brief

AI extract

What is this about?

Bail application in an NDPS case allowed. The High Court held that no drugs were recovered from the petitioner and his complicity relied on an inadmissible statement. Bail granted with strict conditions to appear, avoid witness tampering, and remain within jurisdiction.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, subject to strict conditions regarding appearance, integrity with witnesses, and jurisdiction.

Jayanta Das @ Jin Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2022)

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29.08.2022 cm/ct 28 sl no. 9

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C.R.M.(NDPS) No. 976 of 2022

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In Re : An application for bail under section 439 of the Code of Criminal Procedure in connection with English Bazar Police Station Case No. 1556 of 2021 dated 10.11.2021 under Section 21(c )/ 27A/29 of the Narcotic Drugs and Psychotropic Substances Act.

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And

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Allowed

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In Re : Jayanta Das @ Jin

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….. petitioner

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Mr. Arup Kumar Bhowmick

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…… for the petitioner

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Mr. Sudip Ghosh Mr. Apurba Kumar Datta

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…… for the State

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Petitioner is in custody for about a month. He submits no

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narcotic substance was recovered from his possession. He has been falsely implicated in the instant case.

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Learned lawyer for the State opposes the prayer for bail. He submits petitioner was a proclaimed offender.

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We have considered the materials on record. No narcotic substance was recovered from the possession of the petitioner. His complicity has transpired from the statement of co-accused before a police officer which is inadmissible in evidence. Hence, we are of the opinion that petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and he may be granted bail, however, subject to strict conditions.

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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, Malda on condition that the

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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 petitioner while on bail shall remain within the jurisdiction of English Bazar police station except for the purpose of attending court proceedings and shall report to the Officer-in-Charge of English Bazar police station once in a week until further orders.

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In the event petitioner 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.

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The application being CRM(NDPS) No. 976 of 2022 is disposed of.

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(Ananya Bandyopadhyay, J.)

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(Joymalya Bagchi, J.)

Jayanta Das @ Jin v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Jayanta Das @ Jin v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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