Calcutta High Court (Appellete Side)
In Re: Tapas Choudhury @ Tota vs State Of Bihar on 2 June, 2021
02.06.2021
Court No.28
sn
CRM 3651 of 2021 (Via video Conference)
In Re:- An application for bail under section 439 of the Code of
Criminal Procedure;
And
In Re: Tapas Choudhury @ Tota
Petitioner
Mr. Sudip Ghosh Chowdhury
For the Petitioner
Mr. Saibal Bapuli
Mr. Arijit Ganguly
Mr. A. Bhattacharjee
For the State
The present application for bail under section 439 of the Code of
Criminal Procedure has been preferred in connection with Serampore
Police Station Case No.368 of 2019 dated 18.08.2019 under sections
20(b)(ii)(c) of the NDPS Act.
Mr. Ghosh Chowdhury, learned advocate appearing for the
petitioner submits that the petitioner has been falsely implicated. His
name has transpired on the basis of statement of a co-accused before
the police officer, which is inadmissible in evidence. There has been
no recovery of contraband substance above the commercial quantity
from his possession. Upon completion of the investigation, charge
sheet has also been filed and as such further detention of the
petitioner, who is in custody since 22nd August, 2019, is not
necessary.
He further submits that another co-accused person had already
been enlarged on bail by an order dated 02.03.2020 passed by a co-
ordinate Bench of this Court in an application being CRM 2193 of
2020.
Mr. Bapuli, learned Advocate appearing for the State opposes
the petitioner's prayer and submits that though contraband
substance above commercial quantity has not been recovered from
the petitioner, he is involved in other criminal cases and such
antecedents disentitle him from availing any remedy in this
application.
In reply, Mr. Ghosh Chowdhury submits that the cases in which
the petitioner is involved are not NDPS cases and he has already
been enlarged on bail in the said cases.
We have heard the learned advocates appearing for the
respective parties and considered the materials in the case diary.
It appears that the petitioner's name has transpired on the basis
of statement of a co-accused person before the police officer, which is
inadmissible in evidence. Contraband substance recovered from his
possession is below commercial quantity and as such the rigors of
Section 37 of the NDPS Act are not attracted.
The petitioner is languishing in custody for a period of one year
and nine months and there is no possibility towards conclusion of
the trial in the near future. Article 21 creates a right in the accused
to be tried speedily and long delay may be taken as presumptive
proof of prejudice [See the judgments delivered in the case of
Hussainara Khatun Vs. State of Bihar, Patna, reported in (1980) 1
SCC 81 and Abdul Rehman Antulay & Ors. Vs. R.S. Nayan & Anr.
reported in (1992) 1 SCC 225].
In the present pandemic situation and the rapid proliferation of
the virus, bail should be granted liberally unless custodial detention
of the accused is absolutely essential [See the order passed by the
Hon'ble Supreme Court in Re: Contagion of Covid-19 Virus in Prisons].
In the said conspectus, we are of the opinion that further
detention of the petitioner is not warranted.
Accordingly, we allow this application and direct that the
petitioner namely, Tapas Choudhury @ Tota, 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 Additional Sessions Judge, Special Court, Hooghly.
The petitioner shall meet the Inspector in-charge, Serampore
Police Station, once a week on and from June 8, 2021 until further
orders.
He shall also attend the learned Trial Court on the date as
specified for hearing.
In the event, the petitioner fails to comply with the aforesaid
directions, without any justifiable cause, the learned trial court shall
be at liberty to cancel the bail of the petitioner without any further
reference to this Court.
Accordingly, the application for bail being CRM 3651 of 2021 is
disposed of.
All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
(Shampa Sarkar, J.) (Tapabrata Chakraborty, J.)
