Allowed

Bellal @ Belal Hossain @ Rahamn v. State of West Bengal

Calcutta HC10 Jan 2023CRM (NDPS)/21/2023

Case brief

AI extract

What is this about?

Petitioner applied for bail in an NDPS case after 102 days of custody. The court noted no narcotics were recovered from him, investigation was complete, and co-accused is on bail. It held statutory restrictions under NDPS Act Section 37 were rebutted and granted bail.

What did the court decide?

Release of petitioner on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, subject to appearance dates and no tampering with evidence.

Bellal @ Belal Hossain @ Rahamn Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2023)

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10.01.2023. 06. Ct.No.28. as (Allowed)

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C.R.M. (NDPS) 21 of 2023

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In Re:- An application for bail under Section 439 of the Code of Criminal Procedure in connection with Special Case No.80 of 2020 arising out of Gangarampur P.S. Case No.388 of 2020 dated 29.10.2020 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act and charge sheet submitted under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act.

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In the matter of : Bellal @ Belal Hossain @ Rahaman. …. Petitioner. Mr. Kaushik Choudhury, Ms. Busra Khatoon. …for the Petitioner. Mr. Sanjoy Bardhan, Ms. Debjani Dasgupta. ...for the State.

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Petitioner is in custody for 102 days. It is submitted no narcotic substance was recovered from his possession. Coaccused is on bail. Investigation is complete. He prays for bail.

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Learned Advocate appearing for the State opposes the prayer for bail. He submits petitioner had absconded for two years.

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We have considered the materials on record. No narcotic substance was recovered from the petitioner. Co-accused is on bail. Investigation is complete.

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Under such circumstances, we are of the opinion petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and may be granted bail.

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Accordingly, the petitioner viz., Bellal @ Belal Hossain @ Rahaman shall be released on bail upon furnishing a bond of

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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 N.D.P.S. Act, Dakshin Dinajpur at Balurghat subject to condition that he shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

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In the event the petitioner fails to appear before the Trial Court without any justifiable cause, the trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

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This application for bail is, thus, disposed of.

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(Ajay Kumar Gupta,J.) (Joymalya Bagchi, J.)

Bellal @ Belal Hossain @ Rahamn v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Bellal @ Belal Hossain @ Rahamn 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

Coram

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