STATE OF WEST BENGAL Vs. BAKI BILLA GAZI

JUDGEMENT

(1.) This is an application for cancellation for bail under Sec. 439 (2) of the Code of Criminal Procedure, 1973, challenging the order dtd. 6/3/2021 passed by the Ld. Special Judge, Bench 1, Narcotic Drugs and Psychotropic Substances Act, 1985, (hearinafter referred to as NDPS Act, 1985), City Sessions Court at Calcutta in connection with NDPS case no. 43 of 2019 arising out of Special Task Force (hearinafter referred to as STF) police station case no.38 of 2019 dtd. 14/10/2019 under Sec. 22(c)/29 of NDPS Act, thereby allowing prayer for bail of the opposite parties.

(2.) On 13/10/2019 following a source information complainant along with other members of the raiding party conducted a raid near Chingrighata crossing near E.M. Bypass. They apprehended and detained the opposite parties and another person namely Aktarul Gazi. After compliance the relevant provisions of the NDPS Act, 1985 the accused was searched and 2.182 kgs, 2.692 kgs and 1.102 kgs of 'Amphetamine/Yaba Tablets' were recovered and seized from their exclusive possession. After compliance of due process during interrogation the apprehended persons disclosed the name of opposite party no 3 and others as their associates.

(3.) Pursuant to the disclosure statement, the opposite party no.3 and one Syeed Sahid Ahamed @ Sakil Ahmed were arrested on 17/10/2019. On being searched 670 grams and 449 grams of 'Amphetamine/Yaba Tablets' were recovered and seized from their exclusive possession, after compliance of due process. During investigation the names of Md. Abbas Khan @ Saradand Md. Ziour Rahaman have been disclosed. Both of them were arrested on 19/10/2019. On being searched 5.662 kgs of 'Amphetamine/Yaba Tablets' was recovered and seized from them after compliance of due process.