The High Court granted bail to the petitioner Sushanta Sarkar, who was detained for 91 days in a NDPS case involving 49 grams of Yaba tablets deemed below commercial quantity, noting that further detention was unnecessary.
Accused Sushanta Sarkar released on bail upon furnishing bond of Rs. 10,000 with two sureties of like amount each.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
21.12.2023 Sl. No.9 akd [ALLOWED]
C. R. M. (NDPS) 2025 of 2023
In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 07.12.2023 in connection with Hili Police Station Case No.171 of 2023 dated 17.09.2023 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act.
And
In Re: Sushanta Sarkar
… … Petitioner
Mr. Kaushik Chowdhury Ms. Busra Khatoon
… … for the petitioner
Ms. Amita Gaur
… … for the State
2
tamper with evidence in any manner whatsoever or commit similar offences in future.
(Gaurang Kanth, J.)
(Joymalya Bagchi, J.)
1 issue framed by the court
Whether the petitioner is eligible for bail having been in custody for approximately 91 days in a case involving below commercial quantity of narcotics.
2 provisions across 2 enactments
Sushanta Sarkar
State
Gaurang Kanth
Joymalya Bagchi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
