Petitioner challenging his 440-day custody in an NDPS vehicle case. Court notes co-accused on bail are on a seized vehicle while petitioner is on an unseized vehicle, granting bail on security conditions.
Petitioner released on bail with bond of Rs. 10,000/- and two sureties, subject to appearing in court and not tampering with evidence.
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18.08.2023 3 sdas allowed
CRM(NDPS) No. 1397 of 2023
In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Suti Police Station Case No. 305 of 2022 dated 28.05.2022 under Sections 20(b)(ii)(c )/29 of the NDPS Act.
And
In Re : Sankar Roy ...… petitioner
Mr. Rajdeep Majumder Mr. Moyukh Mukherjee Mr. Anisur Rahman .…for the petitioner
Mr. Sanjoy Bardhan Mr. Palash Chandra Majhi …. for the State
1.Learned Counsel for the petitioner submits he is in custody for 440 days. He was in the vehicle with co-accused which did not carry narcotics. Co-accused accompanying him have been enlarged on bail by the Hon’ble Apex Court and this Court.
2.Learned Counsel for the State opposes the prayer for bail and submits vehicle which was occupied by the petitioner and coaccused was escorting the other vehicle carrying narcotics. Petitioner is the owner of one of the vehicles and does not stand on the same footing with the co-accused who are on bail.
3.We have considered the materials on record. Petitioner is not the owner of the vehicle wherefrom narcotics was recovered. Though it is contended he is the owner of the vehicle which was accompanying the other vehicle no narcotics had been recovered from the said vehicle. In this perspective role of the petitioner
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cannot be distinguished from the co-accused who are on bail. Petitioner is in custody for 440 days. There is little possibility of trial concluding in the near future. Under such circumstances, we are inclined to enlarge the petitioner on bail.
4.Accordingly, we direct that the petitioner shall 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, Berhampore, Murshidabad, subject to the conditions that petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.
5.In the event the petitioner fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.
6.The application for bail is, accordingly, allowed.
(Gaurang Kanth, J.) (Joymalya Bagchi, J.)
2 issues framed by the court
Whether the petitioner should be granted bail after 440 days of custody in an NDPS vehicle case.
Whether the petitioner's role as a companion on an unseized vehicle warrants equitable bail treatment.
2 provisions across 2 enactments
Sankar Roy
The State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
