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2025 DAILYLAW 4819 (CAL)

ALAGAR SAMI BOSE @ ALAGAR SAMY BOSE v. UNION OF INDIA

CRM (NDPS)/58/2025 · 2025-02-13

Apurba Sinha Ray, Arijit Banerjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

53 13-02-2025 CRM (NDPS) 58 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 N. Case No.88 of 2024, NCB Crime No.17/NCB/KOL/2024 dated 20.09.2024 under Section 20(ii)(B), 23(b) and 29 of the Narcotic Drugs & Phychotropic Substances Act 1985. - A n d - In the matter of : Alagar Sami Bose @ Alagar Samy Bose. .... Petitioner. Mrs. Juin Dutta Chakraborty, Mr. B. Modak, … For the Petitioner. Mr. Kallol Basu, Sr. Adv., Mr. Uttam Basak, … For the NCB. Order dictated by Arijit Banerjee, J. 1. Report filed by the State be kept with the records. 2. The petitioner says that allegedly 6.77 kgs. of Ganja was seized from 3 accused persons. The petitioner is one of them. Investigation is complete. Chargesheet has been filed. His further custodial detention is not necessary. 3. Opposing the bail prayer, learned counsel for Narcotics Control Bureau (NCB) tells us that the petitioner is an international smuggler who was apprehended from Kolkata airport. February 18, 2025 is the date fixed for consideration of charge. 4. We see that intermediate quantity of narcotics is involved in this case. Therefore, the restriction in Section 37 of the NDPS Act, do not apply. Investigation is complete. 5. On an overall assessment of the material-on-record, in our opinion, further custodial detention of the petitioner is not necessary. Signed By : SANDIP DE High Court of Calcutta 14 th of February 2025 05:52:47 PM 2 6. Accordingly, we direct that the petitioner, namely, Alagar Sami Bose @ Alagar Samy Bose 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, North 24-Parganas, subject to the condition that the petitioner shall remain within the jurisdiction of the Rajarhat Police Station and shall meet the Officer-in- Charge/Inspector-in-Charge of the Rajarhat Police Station, once in a fortnight until further orders and on further condition that the petitioner shall hand over the passport to the concerned Trial Court prior to release until further orders. 7. 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 interim bail in accordance with law without further reference to this court. 9. The application for bail is, thus, allowed. 10. 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. ) Signed By : SANDIP DE High Court of Calcutta 14 th of February 2025 05:52:47 PM