Sahel Khan v. State Of West Bengal
02.07.2025 Item no.32 Ct. No. 29 BD.
C.R.M. (NDPS) 515 of 2025 In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali Police Station Case No. 41 of 2025 dated 12/01/2025 under sections 20(b)/29 of the NDPS Act, 1985.
In the matter of : Sahel Khan .... Petitioner. Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khaton Ms. June Modak ...for the Petitioner. Ms. Sreyashee Biswas Mr. Subhajit Chowdhury ...for the State. It is submitted on behalf of the petitioner that 137 Kgs. of ganja was allegedly recovered from a vehicle and the driver and helper of the said vehicle were arrested. During investigation petitioner's name was transpired from the co-accused statement but nothing was recovered from the possession of the present petitioner. Present petitioner is in custody for about 168 days and the investigation has already been culminated into a charge-sheet and nobody knows when the trial would be concluded and as such, he may be released on bail on any terms and conditions.
Learned counsel for the State though opposed the bail prayer but in his usual fairness, he submits that nothing was recovered from the possession of the present
petitioner and he was arrested on the basis of co-accused statement.
Having heard learned counsel appearing on behalf of both the parties and on perusal of the materials placed before me it appears that the investigation has already been ended and that rigour of Section 37 of the NDPS Act, may not attract in the present case in respect of the present petitioner and as such no fruitful purpose will be served by detaining him any further in the custody and as such, the prayer for bail is allowed.
Accordingly, the petitioner namely, Sahel Khan shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Krishnanagar, Nadia, and also on condition that the petitioner shall not leave the geographical limit of District Nadia and Murshidabad, without the leave of the trial court, and shall report to the Inspector-in-Charge, Hariharpara Police Station, District -Murshidabad, once in a week until further order.
It is further ordered 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 his cell 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. The petitioner shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court.
Accordingly, C.R.M. (NDPS) 515 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.)