Calcutta High CourtCRM (NDPS)/92/2026dismissed

Tenu Mandal @ Mandal Tenu @ Ramtenu Mondal v. State Of West Bengal

2026-01-20Hon'Ble Justice Tirthankar Ghosh2 pages

20.01.2026 Court No.35.

D/L. 43.

Kausik (Rejected) CRM (NDPS) 92 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Kaliachak Police Station Case No. 220 of 2024 dated 24.02.2024 under Sections 21(c)/25/27A/29 of the NDPS Act, 1985.

And In the matter of : Tenu Mandal @ Mandal Tenu @ Ramtenu Mondal ......Petitioner.

Mr. Md. Wasim Akram Ms. Sabrina Parveen ......for the Petitioner.

Mr. Antarikhya Basu Mr. Sachit Talukdar ......for the State.

Learned advocate appearing for the petitioner submits that the subject matter of recovery in the present case is 882 Gms. of Brown Sugar and the petitioner has been implicated in connection with the instant case because of recovery of the motorcycle which has been seized by the police authorities. Petitioner draws the attention to the order dated 10.12.2025 passed in CRM (NDPS) 1176 of 2025 and submits that the impression given by the State on the earlier occasion that charges have not been framed was incorrect. According to the petitioner charges were framed in the month of September, 2025.

Learned advocate for the State opposes the prayer for bail and submits that in spite of the same, petitioner has been implicated because of the motorcycle having been used in the alleged commission of the offence.

Having considered the quantum of Brown Sugar seized in connection with the instant case and the fact that the petitioner's son namely Avijit Mandal was granted anticipatory bail because he was innocent but the fact remains that the motorcycle was seized in connection with the instant case and the petitioner being the registered owner, I am of the view that until the factual circumstances are rebutted by the present petitioner in course of the trial, prima facie, a case has been made out by the prosecution, as such the rigors of Section 37 of the NDPS Act is attracted.

Accordingly, CRM (NDPS) 92 of 2026 is dismissed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)