26.03.2025 Item no. 28. Court No.29. AB (Allowed) CRM (NDPS) 256 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No.1353 of 2023 Dated 12.10.2023 under Sections 21C/27A/29 of the NDPS Act And In the matter of : Dipak Mandal @ Bhullu ……Petitioner. Mr. A. K. Bhowmick ……for the Petitioner. Mrs. Amita Gour, Mrs. Nandini Chatterjee ……for the State. Dictated by Arijit Banerjee, J. 1. Read order dated March 11, 2025. 2. Learned State Advocate shows us the first information report. The first information report, inter alia, states that the petitioner is involved in drug trade. 3. However, prima facie there is no material in the case diary to corroborate the aforesaid statement in the first information report. There are some statements of neighbours recorded under Section 180 B.N.S.S. 2023 to the effect that the petitioner is involved in drug dealing. 4. We see that there was no recovery from the petitioner. Neither the petitioner nor any of his family members were present in the house from the ‘backside’ of which the seizure was made. The house belongs to the petitioner’s father. Investigation is complete and charge sheet has been filed. 2 5. On an overall assessment of the material on record, we are of the view that the petitioner has been able to tide over the restriction in Section 37 of the NDPS Act. 6. Hence, we allow the petitioner’s prayer for bail. 7. Accordingly, we direct that the petitioner, namely DIPAK MANDAL @ BHULLU shall be released on bail upon furnishing a bond of Rs.25,000/-, with two sureties of Rs.12,500/-each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act at Malda, and on further conditions that he shall not leave the jurisdiction of Kaliachak Police Station and shall report to the Officer-in-Charge/ Inspector-in-Charge of Kaliachak Police Station twice in a week until further orders. 8. The petitioner shall appear before the trial court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever. 9. In the event the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial court shall be at liberty to cancel the petitioner’s bail in accordance with law without further reference to this Court. 10. The application for bail is, accordingly, allowed. 11. On the last occasion i.e. March 11, 2025, Mrs. Nandini Chatterjee, learned Advocate had appeared along with Mrs. Amita Gour on behalf of the State. However, 3 erroneously the name of Mrs. Chatterjee was not recorded in the order dated March 11, 2025. 12. Let the order dated 11.03.2025 stands corrected by incorporating the name of Mrs. Nandini Chatterjee as Counsel representing the State along with Mrs. Gour. 13. Let this correction be incorporated in the order dated 11.03.2025. 14. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.)