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Calcutta High CourtCRM (NDPS)/1160/2026allowed

Alamgir Mondal v. Union Of India

2026-05-29Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

29.05.2026 RP Allowed C.R.M. (NDPS) 1160 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Case no.02 of 2023 arising out of NCB Crime No.02/NCB/Kol/2023 under Sections 20(b)(ii)(c)/21(c)/8(c) of the NDPS Act, 1985.

And In the matter of : Alamgir Mondal .... Petitioner Mr. Angshuman Chakraborty Mr. S.S. Saha ...for the Petitioner Mr. Nanigopal Chakraborty Ms. Tanusree Ghosh ...for the NCB The allegation against the petitioner is that 43 Kg of ganja and 371 bottles of Phensedyl Cough Syrup containing codeine phosphate were recovered from the residence of the petitioner.

It is submitted that the petitioner was arrested on 6.1. 2023. Earlier, petitioner's prayer for bail was rejected thrice and lastly on 6.3.2023 when the trial Court was directed to split up the case record in connection with the absconding accused and to conduct trial as expeditiously as possible considering the prolonged detention of the petitioner.

However, it is submitted that since then only the evidence of PW1 is completed and evidence of PW2 is still going on. The prosecution proposes to examine seven witnesses. Therefore, it is not known when the trial

would be concluded and considering the period of detention the petitioner may be enlarged on bail on any terms and conditions.

Learned counsel appearing on behalf of NCB opposed the prayer for bail contending that the petitioner has criminal antecedents and that after the direction made by this Court on 6.3.2025 the trial Court has examined two witnesses and it is expected that examination of rest witnesses will be concluded within short span of time.

Having heard the learned counsel for the petitioner and NCB and also considering the period of detention and that the trial has not progressed to a considerable extent since passing order by this Court on 6.3.2025, prayer for bail made by the petitioner is allowed only on the touch stone of Article 21 of the Constitution of India. Accordingly, the petitioner namely, Alamgir Mondal shall be enlarged on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, North 24 Parganas and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not leave the jurisdiction of trial court without taking leave from trial court. He shall not absent himself on any day

during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. Be it mentioned in case of violation of any of the conditions as above, the trial court will be at liberty to cancel the bail without making any further reference to this court.

Be it further mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case.

Accordingly, CRM (NDPS) 1160 of 2026 is 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.)