Rafikul Ali Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2024)

Rafikul Ali Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2024)

What the court decided

AI extract

Outcome

Conditional release on bail: bond of Rs.25,000/- with two sureties of equal amount each (one local) to the satisfaction of the Learned Special Court under NDPS Act, Jalpaiguri; appearance before the learned trial court on every hearing date until further orders (subject to Section 317 CrPC / Section 355 BNSS, 2023); no intimidating witnesses, tampering with evidence or commission of similar offences; confinement within trial-court jurisdiction until further orders; trial court empowered to cancel bail on non-compliance without further reference to this Court.

Issue for consideration

Whether Rafikul Ali, in custody for 201 days in connection with Maynaguri P.S. Case No. 159/2024 (NDPS Sections 8(c)/20(b)(ii)(C)/25/29), should be released on bail under Section 483 of the BNSS on grounds of (i) parity, (ii) uncertainty in conclusion of trial, and (iii) charge-sheet filed without the FSL report. +1 more

Court's answer

Bail granted on grounds of parity, uncertainty in conclusion of trial, and the admitted submission of the charge-sheet without the FSL report (report still awaited), assessed on the touchstone of Article 21 of the Constitution of India.

Ratio / Principle

Release directed upon furnishing a bond of Rs.25,000/- with two sureties of equal amount each, one of whom must be local, to the satisfaction of the Learned Special Court under NDPS Act, Jalpaiguri.

Key takeaways

Petitioner shall appear before the learned trial court on every date of hearing until further orders, subject to the provision of Section 317 CrPC corresponding to Section 355 BNSS, 2023.ratio¶¶14
Petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future.ratio¶¶14
Petitioner to remain within the jurisdiction of the trial court until further orders.

Detailed headnote1 paragraphs

Calcutta High Court (Circuit Bench at Jalpaiguri), C.R.M. (NDPS) 500 of 2024 — order dated 28.11.2024: Rafikul Ali, held in custody for 201 days in connection with Maynaguri P.S. Case No. 159/2024 (dated 25.04.2024) under Sections 8(c)/20(b)(ii)(C)/25/29 of the NDPS Act, granted conditional bail under Section 483 of the BNSS by Partha Sarathi Chatterjee, J. and Shampa Sarkar, J. Grounds: parity with co-accused already released on bail (CRM (NDPS) 467 of 2024 by a Co-ordinate Bench; CRM (NDPS) 521 of 2024 and CRM (NDPS) 510 of 2024 by the same Bench), uncertainty in conclusion of trial, and submission of the charge-sheet without the FSL report (report still awaited), weighed on the touchstone of Article 21 of the Constitution of India. Conditions: bond of Rs.25,000/- with two sureties of equal amount each (one local) to the satisfaction of the Learned Special Court under NDPS Act, Jalpaiguri; appearance on every hearing date until further orders (subject to Section 317 CrPC corresponding to Section 355 BNSS, 2023); no intimidating witnesses, tampering with evidence or similar offences; retention within trial-court jurisdiction; trial court may cancel bail on non-compliance without further reference to this Court. Application allowed. Default-bail entitlement flowing from the charge-sheet having preceded the FSL report left open, pending decision by the Hon'ble Apex Court.

28.11.2024 SL No.9 s.biswas (Allowed)

Calcutta High Court In The Circuit Bench at Jalpaiguri

C.R.M. (NDPS) 500 of 2024

In Re: - An application for bail under Section 483 of the BNSS in connection with Maynaguri P.S. Case No. 159/2024 dated 25.04.2024 under Sections 8(c)/20(b)(ii)(C)/25/29 of the NDPS Act.

And

In the matter of: Rafikul Ali

Dr. Arjun Chowdhury Ms. Pratusha Dutta chowdhury Ms. Riya Agarwal Mr. Koushik Kr. Kanu Ms. Tulip Saha Mr. Dibyajyoti Bhowmik Mr. Abhijit Sarkar Ms. Namrata Das (VC)

….Petitioner …for the Petitioner

…for the State

The petitioner has been custody for 201 days. The petitioner prays for bail on three grounds: (i) parity, (ii) uncertainty in the conclusion of trial and (iii) charge-sheet was filed without the FSL report.

Learned counsel appearing for the State submits that commercial quantity of contraband article was seized from the joint possession of six persons. Whether the petitioner was entitled to default bail at the relevant time on the ground that the charge-sheet was filed without the FSL report, is yet to be decided by the Hon’ble Apex Court. Thus, the petitioner cannot take the benefit of such fact at this stage.

2

Upon perusal of the materials on record and considering the fact that charge-sheet was admittedly submitted without the FSL report, co-accused persons had been released on bail by a Co-ordinate Bench in CRM (NDPS) 467 of 2024 and by us in CRM (NDPS) 521 of 2024 and CRM (NDPS) 510 of 2024. On the ground of parity and uncertainty in conclusion of trial and as the FSL report is yet to arrive, we are of the view that on the touchstone of Article 21 of the Constitution of India, the petitioner should be released on bail.

Accordingly, we direct that the petitioner shall be released on bail upon furnishing a bond of Rs.25,000/- with two sureties of equal amount each, one of whom must be local, to the satisfaction of the Learned Special Court under NDPS Act, Jalpaigur, subject to the condition that the petitioner shall appear before the learned trial court on every date of hearing until further orders, subject to the provision of Section 317 of the Code of Criminal Procedure corresponding to Section 355 of the BNSS, 2023 and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future. The petitioner will remain within the jurisdiction of the trial court until further orders.

In the event the petitioner fails to comply with the conditions as stated hereinbefore, it is open to the trial court to cancel the bail of the petitioner without any further reference to this Court.

The application for bail is, thus, allowed.

3

All parties shall act on the basis of the server copy of the order.

(Partha Sarathi Chatterjee, J.) (Shampa Sarkar, J.)