← Library
Calcutta High CourtCRM (NDPS)/799/2026allowed

Mir Kasem Mondal And ANR. v. State Of West Bengal

2026-05-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.05.2026 Court No.35.

D/L.34.

Rakib (Allowed) CRM (NDPS) 799 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj Police Station case no. 1095 of 2024 dated 14.12.2024 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act.

And In the matter of : Mir Kasem Mondal & Anr.

......Petitioners.

Mr. Sumanta Das .....for the Petitioners.

Mr. Sagar Saha ......for the State.

Learned advocate appearing for the petitioners submit that the petitioners are in custody for a period of one year five months and there has been no recovery from the possession of the present petitioners. However, they have been implicated on the accusations of escorting the offending truck. Petitioners were in the Scorpio separately plying on the road and have been implicated in the case. Mr. Sagar Saha, learned advocate is directed to represent the State. His appearance may be regularized by the concerned authority. Learned advocate for the State opposes the prayer for bail.

Learned advocate for the petitioners have relied upon the evidence of PW 3 and PW7, which partially dilutes the complicity of the petitioner in respect of the seizure which has been effected. Without entering into the merits of the case and having considered the fact that the petitioners are in custody for one year

five months, I am inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners is allowed. As such, petitioners namely, Mir Kasem Mondal and Masadul Halsana shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs. 10,000 (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court under NDPS Act, Nadia, Krishnanagar.

If on bail, the petitioners shall be physically present on each and every date fixed by the learned Special Court and shall not leave the jurisdiction of District of Nadia without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) No. 799 of 2026 is allowed. Memo of evidence submitted by the State is kept with the record.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)