Calcutta High Court (Appellete Side)
Substances Act; vs In Re : Sk. Nayeem @ Kalo Nayeem on 19 February, 2021
19.02.2021
Item no.01
Court No.28
Avijit Mitra
C.R.M.9200 of 2020 (through video conference)
In Re:- An application for bail under Section 439 of the Code of
Criminal Procedure filed in connection with Seizure Case
No.02/NDPS/CL/CUS/BDNPU/2018 dated August 31, 2018
under Sections 15(c)/29 of the Narcotic Drugs and Psychotropic
Substances Act;
And
In Re : Sk. Nayeem @ Kalo Nayeem
.... Petitioner
Mr. Himangshu De,
Mr. Navonil De,
Mr. Rajeshwar Chakraborty
....for the petitioner
Mr. Amal Kumar Datta
...... for the U.O.I.
Mr. Amitabrata Roy
....for the Customs
Mr. De, learned advocate appearing for the petitioner
submits that the petitioner is in custody for about 138 days and
he has been falsely implicated in the case on the basis of
statement of a co-accused. Learned advocate further submits
that he is innocent of the charges and has been falsely
implicated in the instant case. Additionally learned advocate
submits that the petitioner is willing to abide by any stringent
condition imposed by this Court in case he is released on bail.
Learned advocate appearing for the Customs authorities
submits that the subject matter of the case involves recovery of
750 Kgs. of poppy straw which is above commercial quantity
and the provisions of Section 37 of the N.D.P.S. Act are as such
attracted. Learned advocate further stresses on the issue that
the petitioner has been evading the process and by virtue of
warrant of arrest issued by the Superintendent of Police,
Birbhum the petitioner could be apprehended and brought
within the ambit of the present case. However, on specific query
from this Court the learned advocate appearing for the Customs
authorities categorically submits that except the statement of a
co-accused no other material is appearing so far as the present
petitioner is concerned. Additionally the learned advocate on
further query from this Court submitted that no raid was
conducted on the premises of the present petitioner and as such
there is no seizure list in the case records which can be of
further evidence for the prosecuting authorities.
We have perused the materials on record and assessed the
submissions of the rival parties. On an assessment of the same
and relying upon the Special Bench judgment of the Hon'ble
Apex Court in Toofan Singh's case reported in (2020) SCC
Online SC 882, we are of the opinion that prima facie the
petitioner has been able to rebut the rigors of Section 37 of the
N.D.P.S. Act and as such the prayer for bail of the petitioner is
allowed.
Accordingly, we direct that the petitioner, namely, Sk.
Nayeem @ Kalo Nayeem shall be released on bail upon
furnishing a bond of Rs.10,000/- with two sureties of like
amount each, both must be local, to the satisfaction of the
Learned Judge, 3rd Special Court (N.D.P.S. Act), Purba Burdwan
and on further condition that while on bail the petitioner would
meet with Mr. R.N. Bhattacharya, Inspector of Customs,
Burdwan Customs Preventive Unit once in a week until further
orders.
The Inspector of Customs, Burdwan Customs Preventive
Unit is present in Court and his further appearance before this
Court is dispensed with.
The application for bail being C.R.M. No.9200 of 2020 is,
accordingly, disposed of.
(Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)
