24.06.2025 akb Sl. 38 Ct.29 Allowed CRM (NDPS) No. 451 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 NSS Act, 2023 filed in connection Jiaganj Police Station Case No. 483 of 2024 dated 11.12.2024 under Section 20(b)(ii)(c)/29 of the N.D.P.S. Act, 1985 arising out of NDPS Case No. 134 of 2024. And In re: Shyamapada Mondal … petitioner. Ms. Minoti Gomes Mr. Jisan Iqubal Hossain …for the petitioner Mr. Jaydeep Roy Mr. Anindya Sundar Chatterjee …for the State. It is submitted on behalf of the petitioner that the petitioner was arrested on the basis of the co-accused statement recorded under section 67 of NDPS Act which has no evidentiary value in the eye of law in view of Toofan Singh case reported in AIR 2020 SC 5592. He further submits that he is in custody for about five months and the investigation has already been culminated into a charge sheet on 9th June, 2025. He further submits that 49.2 kgs. of Ganja was allegedly recovered from the co-accused Niranjan Sarkar, following whose statement, petitioner was arrested and as such bail may be granted in his favour on any terms and conditions. Learned Counsel appearing on behalf of the State though opposed the bail prayer but in his usual fairness did not dispute that the petitioner was arrested on the basis of co-accused statement and nothing was recovered from his possession. However learned counsel for the State further submits that the present petitioner has criminal antecedents and he has been implicated in five other cases, though those cases are not under NDPS Act. 2 Having considered the submissions made on behalf of the parties and that the facts and circumstances of the present case, reveals that rigour of Section 37 of the NDPS Act, may not attract in the present context in respect of the present petitioner and since nobody knows when the trial would be concluded I am of the view that no fruitful purpose would be served in detaining the present petitioner in the custody any further. Accordingly, petitioner’s prayer for bail is considered and allowed. In such view of the matter, petitioner namely, Shyamapada Mondal shall be enlarged on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of whom must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Berhampore, Murshidabad and on condition that he will not leave the geographical limit of district Murshidabad without taking permission from the Trial Court and also on condition that he will meet O.C./I.C. Jiaganj Police Station thrice in a week till further order and also on condition that the accused shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the Trial Court and he shall not in any manner try to delay the trial. The Court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this Court. Be it mentioned, that nothing said herein shall be construed as 3 an expression of opinion on the merits of the case. The application for bail being CRM (NDPS) 451 of 2025 is, accordingly allowed and disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties, upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)