Pintu Sarkar @ Mantu Sarkar vs Unknown
2021 Latest Caselaw 5049 Cal

24.09.2021 CRM 4739 of 2021 Court No.28 Item No.26 (Allowed) In Re:- An application for bail under section 439 of the Code of Saswata Criminal Procedure filed in connection with Hili Police Station Case No. 78 of 2021 dated 04.07.2020 under Sections 21(C)/22(C)/23(C)/27A of the NDPS Act;

And

In the matter of : Pintu Sarkar @ Mantu Sarkar ...Petitioner

Ms. Busra Khatoon ...For the Petitioner Mr. Saryati Datta ... For the State

The petitioner has filed the instant application for bail under

Section 439 of the Code of Criminal Procedure in connection with

Hili Police Station Case No. 78 of 2021 under Sections

21(C)/22(C)/23(C)/27A of the NDPS Act.

The petitioner was impleaded in connection with the above-

mentioned case on the basis of the statement made by the co

accused persons.

It is fairly submitted by the Learned Public Prosecutor-in-

charge that except the statement of the co accused persons, no other

link impleading the petitioner could be established by the

Investigating Officer.

Therefore, on due consideration of the materials on record and

the judgment of the Hon'ble Apex Court in the Union of India

through Narcotics Control Bureau, Lucknow -vs- Md. Nawaz

Khan (CRA 1043 of 2021) decided on 22 nd September 2021, we

find that grounds enumerated in the aforesaid decision are

conspicuously absent in the instant case.

Therefore, the prayer for bail of the petitioner is, thus,

considered and allowed.

Accordingly, the petitioner shall be released on bail upon

furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with

two sureties of like amount each, one of whom must be local, to the

satisfaction of the learned Special Judge, under NDPS Act, Dakshin

Dinajpur subject to the condition that the petitioner shall appear

before the Trial Court on every date of hearing until further orders.

In the event the petitioner fails to do so without any justifiable

cause, the Trial Court shall be at liberty to pass necessary order in

accordance with law without any further reference to this Court.

The application for bail, being CRM 4739 of 2021, is thus

disposed of.

(Harish Tandon, J)

(Bibek Chaudhuri,J.)