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Calcutta High CourtCRM (NDPS)/139/2026disposed

Belal Uddin Mondal v. State Of West Bengal

2026-01-28Hon'Ble Justice Tirthankar Ghosh2 pages

28.01.2026 Court No.35.

D/L.18.

Rakib CRM (NDPS) 139 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram Police Station case no. 103 of 2025 dated 03.05.2025 under Sections 21(c)/22(c)/23(c)/27A of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Belal Uddin Mondal.

......Petitioner.

Mr. Amitabha Ghosh Ms. Arpita Paul Biswas ......for the Petitioner.

Mr. Anand Keshri Mr. Aritra Bhattacharya ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 267 days and till date charges have not been framed, as such petitioner may be released on bail. Learned advocate for the State on the other hand submits that two types of codeine mixtures were recovered being 348 and 300 bottles from the possession of the present petitioner. There were other accused persons who were arrested pursuant to the statement of the present petitioner.

Having considered that charges have not been framed till date, I am of the view that this not a fit case for releasing the petitioner as the provision of Section 37 of the NDPS Act is attracted.

Petitioner be better advised to approach this Court after the evidence of the seizure list witnesses are over.

In the meantime, learned Special Court is directed to expedite the stage of consideration of charges and give priority for examination of the seizure list witnesses.

With the aforesaid observations CRM (NDPS) 139 of 2026 is disposed of.

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.)