JUDGMENT :

Arijit Banerjee, J.

1. The petitioner seeks bail in connection with NDPS Case No. 17/21 corresponding to New Alipore P.S Case No. 65/2021, dated 19.02.2021 initiated under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short the “NDPS Act”) pending before the Court of the Learned Judge, Special Court under the NDPS Act cum Additional Sessions Judge, 4th Court at Alipore. The petitioner was arrested on 23.02.2021 and is in custody since then. The charge sheet was submitted on 03.05.2021, wherein Section 27A of the NDPS Act was added.

2. The argument of Mr. Sekhar Basu learned Senior Counsel appearing for the petitioner may be summarised as follows:-

(i) There was no recovery of contraband item (cocaine) from the possession of the petitioner. About 76 gms of cocaine was recovered from a motor car in which three persons were found, viz, Somnath Chattopadhay, Prabir Kumar De, and Pamela Goswami.

(ii) The petitioner has been implicated on the basis of statements made by the aforesaid three persons who are co-accused, but whose names are not included in the charge sheet. Statements of co-accused persons are not admissible in evidence.

(iii) Interme