15.05.2025 akb Sl. 18 Ct.29 Allowed CRM (NDPS) No. 475 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with T.R. Case No. 21 of 2024 arising out of Chatterjeehat Police Station Case No. 204 of 2024 dated 02.10.2024 under Sections 21(c)/29 of the NDPS Act, 1985. And In re: Sankar Sarkar … petitioner. Mr. Sekhar Kumar Basu Md. Wasim Akram Ms. Sabrina Parveen …for the petitioner Mr. Rudradipta Nandi Mr. Kunal Ganguly …for the State. It is submitted on behalf of the petitioner that the petitioner was arrested on 9th January, 2025 after 97 days of the alleged recovery from the principal accused but nothing was recovered from the possession of the present petitioner. His name transpires from the co- accused statement and he is in no way involved with the alleged occurrence and he has been falsely implicated and as such he may be released on bail on any terms and conditions. Learned counsel for the State opposed the prayer for bail contending that the petitioner is the main supplier of Narcotic Drugs, however, it is true that nothing was recovered from his possession and his name transpired from the co-accused statement. He further submits that the police had collected call details during investigation which prima facie shows that there is a nexus in between the petitioner and the principal accused person involved in the instant proceeding. I have considered the submissions made on behalf of the both the parties. In view of the facts and circumstances of the case and 2 that the name of the petitioner transpired from the statement of the co-accused and that nothing was recovered from the possession of the petitioner and that he is in custody since 9th January, 2025 and that the call details collected during investigation might create suspicion against the present petitioner but in the absence of seizure of conversation details that took place in between the parties such suspicion does not give rise to grave suspicion, in order to attract rigour of Section 37 of the NDPS Act. In such view of the matter, the prayer for bail of the petitioner is allowed. In such view of the matter, petitioner namely, Sankar Sarkar 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, Howrah and on condition that he will not leave the geographical limit of district Howrah without taking permission from the Trial Court and also on condition that he will meet Officer-in-Charge, Chatterjeehat Police Station, Howrah once in a week until 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. 3 Be it mentioned, that nothing said herein shall be construed as an expression of opinion on the merits of the case. The application for bail being CRM (NDPS) 475 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.)