Paresh Mandal v. State Of West Bengal

22.05.2025 sb C.R.M. (NDPS) 463 of 2025 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Ratua Police Station case no. 71 of 2025 dated 02.02.2025 under Sections 18(b) of the NDPS Act, 1985.

And In the matter of : Paresh Mandal .... Petitioner Mr. Ayan Bhattacharjee, Sr. Adv.

Mr. Sagar Saha Ms. Nayana Mukhopadhyay ...for the Petitioner Ms. Shreyashee Biswas Mr. Anindya Sunder Chatterjee ...for the State It is submitted on behalf of the petitioner that the petitioner is in custody for about 100 days and that the seized articles as per FIR, has already been destroyed and as such, nothing remains in the case because, it is not ascertainable as to the actual quantity as well as nature and quality of substance, allegedly recovered from the possession of the petitioner and as such, he prays for bail on any terms and conditions.

Learned counsel for the State opposed the bail prayer and contended that the land belongs to the petitioner and commercial quantity of narcotic substance was recovered from the possession of the petitioner and the procedural lapses, if any, which the petitioner agitated herein, cannot be a ground for allowing his prayer for bail.

Having considered the submissions made on behalf of both the parties and the materials available in the case diary, it appears that rigour of Section 37 of the NDPS Act clearly attracts in the present case and as such, the prayer for bail is rejected at this stage.

Accordingly, CRM (NDPS) 463 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.)