Arun Sadhukhan And ANR. v. State Of West Bengal
CRM (NDPS) No. 487 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection Mogra Police Station Case No. 44 of 2025 dated 31.01.2025 under Section 20(b)(ii)(B)/29 of the N.D.P.S. Act, 1985 in connection with NDPS Case No. 03 of 2025.
And In re: Arun Sadhukhan & Anr.
... petitioners.
Mr. Arunava Ganguly ...for the petitioners Mr. Antarikhya Basu Mr. Tirupati Mukherjee ...for the State.
Learned Counsel for the petitioner submits that 1.400 kgs. of 23.05.2025 akb Sl. 63 Ct.29 Allowed Ganja allegedly recovered from the two accused persons including the petitioner herein and investigation has already been ended in charge sheet and as such their further detention may not be required and accordingly they may be released on bail on any terms and conditions. Learned Counsel appearing on behalf of the State opposed the bail prayer but in his usual fairness submits that below commercial quantity of Ganja was allegedly recovered from the joint possession of the petitioners. However, he submits that about twelve years back in the year 2012 and 2013 in one case, each of the petitioners were implicated under Section 309 and 402 IPC read with Section 25 and 27 of the Arms Act.
Having considered the submissions made on behalf of the petitioner and the State, and that the alleged recovery of Narcotic substance involved in the present case is below commercial quantity and that investigation has already been ended in charge sheet, further detention of the present petitioners may not be required. The rigour of section 37 of NDPS Act also does not attract in respect of present
petitioner.
In such view of the matter, petitioners namely, Arun Sadhukhan and Sk. Firoj shall be enlarged on bail upon furnishing a bond of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, one of whom must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Hooghly and on condition that they will not leave the geographical limit of district Hooghly without taking permission from the Trial Court and also on condition that they will meet Officer-in-Charge, Mogra Police Station twice in a week till further order and also on condition that the accused persons shall not mis-use the liberty granted by this Court and they shall not tamper with any evidence orally or documentary during the trial. They shall not absent themselves on any day during trial and shall not commit any offence while on bail.
They shall give their mobile phone numbers to the local police station and shall not change it without prior permission of the Trial Court and they shall not in any manner try to delay the trial. The Court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any further reference to this Court.
Be it mentioned, that anything said herein shall be construed as an expression of opinion on the merits of the case. The application for bail being CRM (NDPS) 487 of 2025 is, accordingly allowed and 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.)