51 11-03-2025 CRM (NDPS) 259 of 2025 (ct. no.29) S. De (Allowed) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Shasan Police Station Case No.181 of 2024 dated 30.07.2024 under Sections 20(b)/29 of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Noor Islam. .... Petitioner. Mr. Navanil De, Mr. Srijan Ghosh, … For the Petitioner. Mr. Antarikhya Basu, Mr. Chandreyi Dutta, … For the State. Order dictated by Arijit Banerjee, J. 1. The petitioner says that there was no recovery from him. The car from which seizure of commercial quantity of Ganja was made is registered in the name of his son. He is in custody for more than 6 months. No witness has been examined till date. There are 17 chargesheet named witnesses. There is no possibility of an early conclusion of the trial. In any event, he has no connection with the alleged contraband items. 2. Learned State counsel, while opposing the prayer for bail, says that there is a notarized agreement where-under the concerned car was transferred by the son to the father being this petitioner about eight days before the alleged incident. Therefore, this petitioner was in control of the car on the date of the seizure. Hence, he has been implicated. 3. We see from the seizure list that this petitioner is not named. According to learned State counsel, this petitioner fled from the spot once the police intercepted the concerned car. 2 4. What we find surprising is that although the car still stands in the name of the petitioner’s son in the motor vehicle records, the son had not been chargesheeted in this matter. Evidently, there is no recovery from this petitioner. 5. On an overall consideration of the facts and circumstances of the case, we are of the view that the petitioner has been able to tide over the restrictions in Section 37 of the NDPS Act and we are inclined to enlarge the petitioner on bail. 6. Accordingly, we direct that the petitioner, namely, Noor Islam 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), Barasat, South 24-Parganas, subject to the condition that the petitioner shall remain within the jurisdiction of the Shasan Police Station and shall meet the Inspector-in-Charge of the Shasan Police Station, once in a fortnight, until further orders. 7. 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 in any manner whatsoever. 8. 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. 9. The application for bail is, accordingly, allowed. 10. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Om Narayan Rai, J.) (Arijit Banerjee, J.)