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The learend advocate for the petitioner undertakes to affirm and stamp the petition/application as per Rules within 48 hours of resumption of normal functioning of the Court. Subject to such undertaking. the application is taken up.
The application being CRAN 3245 of 2020 is accordingly allowed.
It is specifically submitted by the learned Public Prosecutor in charge that non-commercial quantity of opium was recovered from the possession of the petitioner. In the instant case, charge sheet has been submitted under Section 18(b)/29 of the N.D.P.S. Act. Under such circumstances, custodial interrogation or further detention of the petitioner is not necessary and he is entitled to be released on bail.
The petitioner, namely, Md. Kalam @ Muhammad Kalam may find bail of Rs.10,000/- (Rupees ten thousand only), with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Chief Judicial Magistrate, Malda with further condition that he shall comply with the provision of Section 437(3) of the Code of Criminal Procedure and will produce his residential address with the Officer-in-Charge of Mothabari P. S. on affidavit. He is further directed to remain present during the trial of the case before the trial Court.
Violation of any such condition will entail the instant order of bail cancelled without further reference to this Court.
The application being CRM 5010 of 2020 is allowed.