Sk Rahul @ Shambhu v. State Of West Bengal
22.04.2025 SB C.R.M. (NDPS) 371 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Contai Police Station case no. 100 of 2025 dated 09.02.2025 under Section 20(b)(ii)(B) of the NDPS Act, 1985 corresponding to PTN no. 375 of 2025.
And In the matter of : Sk. Rahul @ Shambhu .... Petitioner Mr. Ashok Das Ms. Ayana Dey Ms. Hasi Jana ...for the Petitioner Ms. Rituparna De Ghosh Mr. Mainak Gupta ...for the State Learned counsel for the petitioner submits that the petitioner is in custody for 73 days and non-commercial quantity of Ganja was recovered from the alleged possession of the petitioner. Petitioner also submits that he has no criminal antecedents and he is a permanent resident at the address given in the cause title. He further submits that the investigation has already been advanced to a considerable extent and no fruitful purpose would be achieved by detaining him any further and as such, she may be released on bail. Leaned counsel for the State submits that 1 kg. 200 gms. of Ganja were recovered from the exclusive possession of the petitioner and the investigation has not yet been completed and as such, he opposes the bail prayer.
Having considered the facts and circumstances of the case and considering the fact that prosecution has already availed sufficient time to advance investigation in respect of
present petitioner and that the quantity of narcotic substances recovered from the possession of the petitioner is not commercial and that the rigor of Section 37 of the NDPS Act does not attract in the present case, the prayer for bail made by the petitioner is allowed.
Accordingly, the petitioner namely, Sk. Rahul @ Shambhu shall be released on bail upon furnishing a bond of Rs. 10,000/- with two registered sureties of Rs. 5000/- each of which one must be local, subject to the satisfaction of the Chief Judicial Magistrate, Purba Medinipur and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give him mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case.
Accordingly, CRM (NDPS) 371 of 2025 is disposed of. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)