KALIACHAK P.S. CASE No. 1175 of 2021 · Calcutta High Court
Case at a glance
Outcome
Bail granted
Accordingly, the petitioner be released on bail upon
Provisions considered
- Narcotic Drugs and Psychotropic Substances Act, 1985 ss. 21(c), 27A, 29, 37
- Code of Criminal Procedure, 1973 s. 439
Judgment
Operative part
Mr. Mrityunjay Chatterjee Mr. Kaushik Dey Mr. Ranabir Ray Chowdhury Mr. Mainak Gupta Petitioner seeks bail. …for the petitioner. …for the State. Considering the fact that the petitioner stand in the same footing as that of other co-accuseds who were granted bail by this Hon’ble Court and considering the fact that no narcotic was recovered from the possession of the petitioner and considering the fact that the police are seeking to proceed against the petitioner on the basis of the statement of the co-accuseds made while in custody, we are of the view that the petitioner is able to overcome the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Accordingly, the petitioner 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 Judge, Special Court under the NDPS Act, Malda subject to the condition that during bail the petitioner shall appear before the learned trial court on the date fixed till disposal of the trial and the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever. 2 In the event the petitioner fails to comply with the conditions as enshrined hereinbefore, it is open to the trial court to cancel the bail without any further reference to this Court. Accordingly, the prayer for bail of the petitioner is allowed. CRM (NDPS) 284 of 2022 is, thus disposed of. (Debangsu Basak, J.) (Bibhas Ranjan De, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: Accordingly, the petitioner be released on bail upon
Which statutory provisions did this judgment involve?
Narcotic Drugs and Psychotropic Substances Act, 1985 — ss. 21(c), 27A, 29, 37; Code of Criminal Procedure, 1973 — s. 439.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.