Abusahid Mandal v. State Of West Bengal

10.

09.12.2025 CRR 1725 of 2025 Bd.

Ct. 29 Abusahid Mandal Vs.

The State of West Bengal Mr. Maidul Islam Kayal Mr. Anisur Rahaman Mr. Noorul Amin Sardar Mr. Mohinur Mallick ... for the petitioner. Ms. Rituparna Ghosh Ms. Jonaki Saha ... for the State. Being aggrieved and dissatisfied with the order dated 24.09.2024 passed in NDPS Case No. 206 of 2018 presently pending before Learned Special Judge, 5th Court, Murshidabad, the petitioner has preferred the instant application. By the impugned order learned court below issued warrant of arrest against the present petitioner.

Being aggrieved by the aforesaid order learned counsel appearing on behalf of the petitioner submits that the order impugned is bad in law and has caused miscarriage of justice. However, petitioner wants to surrender before the court below and for which he seeks leave before this Court. Having heard learned counsel appearing on behalf of the petitioner and the State, the instant application being CRR 1725 of 2025 is hereby disposed of giving liberty to the petitioner to surrender before the court below within a period of two weeks from this date and in the event of such surrender by the petitioner before the court below, the court below will dispose of petitioner's prayer in accordance with law without being influenced by any observation made hereinabove.

The impugned order dated 24.09.2024 by which warrant of arrest was issued against the petitioner is hereby stayed for a period of two weeks or till the petitioner surrenders before the trial court, whichever is earlier.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)