55. 18.02.2025 Court No.29 (Tanmoy) Allowed IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 96 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 Samsherganj Police Station Case No. 261/2021 dated 31.8.2021 under Sections 21(c)/29 of the NDPS Act, 1985. And In the matter of: - OBAIDUR RAHAMAN @ MD OBAIDUR RAHAMAN …petitioner. Mr. Jisan Iqubal Hossain …for the petitioner. Mr. Saryati Datta Ms. Rajnandini Das …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner says that he is in custody for 56 days. Charge- sheet has been filed upon completion of investigation. There was no recovery of contraband items from him. He has been implicated solely on the basis of statement made by a co- accused person. He prays for bail. 2. Learned State Advocate says that the petitioner was absconding for about a year. However, to our query as to whether there is any other material to connect this petitioner with the alleged crime i.e. Call Detailed Records (CDRs) or money-trail, learned Advocate fairly says that there is no such material. 3. We, therefore, find that prima facie there is nothing to connect this petitioner with the alleged crime. Statement of a co- Signed By : TANMOY GHOSH High Court of Calcutta 18 th of February 2025 05:19:04 PM 2 accused person before Police is inadmissible in evidence. We are, therefore, of the view that the petitioner has been able to tide over 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. 4. Accordingly, we direct that the petitioner, namely, OBAIDUR RAHAMAN @ MD OBAIDUR RAHAMAN 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 NDPS Act, Berhampore, Murshidabad, 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 Suti Police Station, Murshidabad, excepting for the purpose of attending Court proceedings and shall meet the Inspector-in- Charge/Officer-in-Charge of the said Police Station once in a week, until further orders. 5. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. Signed By : TANMOY GHOSH High Court of Calcutta 18 th of February 2025 05:19:04 PM 3 6. The application for bail being CRM (NDPS) 96 of 2025 is accordingly disposed of. 7. 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. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By : TANMOY GHOSH High Court of Calcutta 18 th of February 2025 05:19:04 PM