13. 03.03.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 48 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Kaliachak Police Station Case No. 667/2024 dated 15.5.2024 under Section 21(c)/25/27A/29 of the NDPS Act, 1985. NDPS Case No. 31/2024. And In the matter of: - SERAJUL SK @ AFRAJUL SK …petitioner. Mr. Arnab Saha Mr. Abhimanyu Banerjee …for the petitioner. Mrs. Faria Hossain, APP Ms. Mousumi Sarkar …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner says that there was no recovery of narcotics from him. He has been implicated solely on the basis of statement of a co-accused person. He is in custody for 10 months. Charge is yet to be framed. He prays for bail. 2. Learned State Advocate tells us that it is correct that there was no recovery from the petitioner and he has been implicated solely on the basis of statement made by a co- accused person. 3. To our query, as to whether or not there are Call Detail Records (CDRs) or money-trail linking the petitioner to the alleged crime, learned Advocate for the State, in her usual fairness, says that there is no such material. 2 4. In view of the aforesaid, we are of the opinion that the petitioner has been able to overcome the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Hence, we are inclined to allow the petitioner’s prayer for bail. 5. Accordingly, we direct that the petitioner, namely, SERAJUL SK @ AFRAJUL SK shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Malda, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall remain within the territorial jurisdiction of Malda Police Station and shall furnish his present address to the Inspector-in-Charge of Malda Police Station as well as the learned Trial Court and shall meet the Inspector-in-Charge of Malda Police Station, once in a week, until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the 3 Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 7. The application for bail being CRM (NDPS) 48 of 2025 is accordingly disposed of. 8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)