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Calcutta High CourtCRM (NDPS)/568/2025rejected

Krishnapada Mondal @ Krishna Mondal v. State Of West Bengal

2025-07-23Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

23.07.2025 Item no.39 Ct. No. 29 C.R.M. (NDPS) 568 of 2025 In Re:- An application for bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 39 of 2024 arising out of Nabadwip Police Station Case No. 182 of 2024 dated 21.03.2024 under sections 20(b)(ii)(C)/29 of the NDPS Act, 1985. In the matter of : Krishnapada Mondal @ Krishna Mondal .... Petitioner.

BD.

Mr. Soumyajit Das Mahapatra Md.G.N.Imrohi Ms.Madhurai Sinha ...for the Petitioner Mrs. Amita Gaur Mr. Debanshu Ghorai ...for the State. MOE submitted by the State is taken on record. It is submitted on behalf of the petitioner that petitioner is in custody for about one year and he was shown as arrested when he was in custody in connection with another case. According to prosecution case 110.79 Kgs. of ganja was allegedly recovered from a Mahindra Xylo car when the present petitioner was in custody in connection with earlier case. He further submits that the charge-sheet has been submitted in connection with the present case and the alleged recovery was made from one Rajib Sekh and Tinku Sekh who are now in custody. He further submits that prosecution proposes to examine fifteen witnesses out of which they could examine so far only six witnesses and nobody knows when the trial would be concluded and as such petitioner may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposed the bail prayer contending that the prosecution proposes to examine four more witnesses in this case and the next date is fixed on 13th, 14th and 16th August, 2025 and as such the trial is expected to be concluded shortly. He further submits that the petitioner was caught red-handed in the earlier case when he was carrying 2000 bottles of phenesedyl containing codeine phosphate and if the petitioner is released on bail there is serious chance of his abscontion and also there is every likelihood of committing similar type of offence by the petitioner. He further submits that the petitioner is the owner of the said Mahindra Xylo car wherefrom the contraband substance was recovered.

Having heard learned counsel appearing on behalf of the petitioner and the State and that the materials placed before me discloses that rigour of section 37 of the NDPS Act, clearly attracts in respect of the present petitioner in this case, the prayer for bail is considered and rejected.

CRM (NDPS) 568 of 2025 is accordingly 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.)