Manoj Kumar Shukla v. State Of West Bengal
23.05.2025 sb C.R.M. (NDPS) 310 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with N 72 of 2024 arising out of Gaighata Police Station case no. 778 of 2024 dated 28.8.2024 under Sections 21(C)/25/27A/29 of the NDPS Act, 1985. And In the matter of : Manoj Kumar Shukla .... Petitioner Mr. Angshuman Chakraborty Mr. S.S. Saha ...for the Petitioner Mr. Sanjay Banerjee Ms. Madhumita Basak ...for the State Learned counsel for the petitioner submits that 27,600 bottles of Phensedyl cough syrup containing codeine phosphate were allegedly recovered from the possession of the four co-accused persons who are in custody.
He further submits that the name of the present petitioner transpired from the statement of the co-accused and he is no way involved with the alleged offence and he is a resident of Uttar Pradesh who came to Kolkata to meet his son. He further submits that no allegation of money trailing could be established during investigation, against the present petitioner and only on the basis of some call recording details and without having any transcription of such call, the prosecution is detaining the petitioner and as such, he may be released on bail on any terms and conditions. Learned counsel for the State raised strong objection contending that the present petitioner namely, Manoj Kumar
Shukla is the supplier and accused Goutam Malakar is the kingpin. He further submits that the investigation reveals that there was money trailing and the present petitioner used to supply various kind of narcotic drugs to the kingpin of the offence namely, Goutam Malakar.
Having considered the submissions made on behalf of both the parties and from the materials collected during investigation, it appears that rigour of Section 37 of the NDPS Act clearly attracts in the present case in respect of the present petitioner and as such, the prayer for bail is rejected. Accordingly, CRM (NDPS) 310 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)