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Judgment
Arindam Lodh, J
Heard Mr. Ratan Datta, learned counsel appearing for the petitioner. Also heard Mr. Raju Datta, learned PP alongwith Mr. S. Debnath, learned Additional PP appearing for the respondent-State.
This is an application under Section 439 Cr.P.C. for granting bail to the accused-person who has been arrested by the police on 06.08.2023 in connection with PR Bari PS case No. 52 of 2023 registered under Sections 22(c)(ii)/ 25/27-A/29 of the NDPS Act, 1985.
Mr. Ratan Datta, learned counsel has strenuously argued that the accused person is totally innocent and he has been in custody for last 80 days. The accused person has been implicated in the instant case for selling 75 bottles of Eskuf Syrup to another accused, Arjun Shil.
Mr. Raju Datta, learned PP, has strongly opposed the bail application.
I have perused the case record.
From the charge-sheet, it is revealed that there are statements made by the independent witnesses to the Investigating Officer in the manner as under:
“In the present time due to less profit of farming he makes up his mind for doing illegal transport of contraband item i.e. Eskuf Cough Syrup”.
Mr. Ratan Datta, learned counsel has strongly argued that such statements made by independent witnesses are not admissible in evidence.
In my opinion, this question should be decided during the course of trial on the merit of the case. At present, this court is not inclined to exercise its jurisdiction under Section 439 Cr.P.C. keeping in mind the provisions of Section 37 of the NDPS Act.
Accordingly, the instant bail application stands dismissed.
However, the accused is at liberty to approach the trial court, if he so desires.