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Calcutta High CourtCRM (NDPS)/164/2025rejected

Sadhan Chandra v. State Of West Bengal

2025-03-03Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Prasenjit Biswas2 pages

03-03-2025 (ct. no. 29) KOLE CRM (NDPS) 164 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Jhalda Police Station Case No. 49 of 2023 dated 19.03.2023 under Sections 21(C)/27/29 of the NDPS Act.

- A n d - In the matter of : Sadhan Chandra .... Petitioner.

Mr. Suman Chakraborty, Mr. S. B. Mukherjee, ... For the Petitioner.

Mr. Debasish Roy, Mr. Arijit Ganguly, Mr. Kaushik Kundu, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioner prays for bail. He says that he stands on the same footing as Malay Dutta, who has been granted bail by a Coordinate Bench on December 19, 2023. Like Malay Dutta, there has been no recovery of narcotics from him.

2.

Opposing the bail prayer, learned State Advocate says that this petitioner absconded for about one year seven months, before surrendering after the charge sheet was filed. He surrendered only in November, 2024. His conduct does not entitle him to the privilege of bail.

3.

We are in agreement with learned Advocate for the State. The petitioner absconded for a very long period of time. If granted bail, there is likelihood of the petitioner disappearing again which would prejudice the trial.

4.

CRM (NDPS) 164 of 2025 is, thus, dismissed.

5.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Prasenjit Biswas, J. ) ( Arijit Banerjee, J. )