Shukchand Mondal v. State Of West Bengal

30.07.2025 SR Rejected CRM (NDPS) 636 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NDPS Case No.102/ of 2024 arising out of Raninagar Police Station Case No.655 of 2024 dated 28.10.2004 under Sections 21(c)/29 of the NDPS Act, 1985. and In the matter of : Shukchand Mondal .... Petitioner Mr. Jaydeep Biswas Mr. A. Islam Mr. Sourav Mukherjee Mr. Kaushik Ghosh Mr. Milon Das ... for the petitioner.

Mr. Anand Keshari Mr. Karan Bapuli ... for the State.

Petitioner submits that the petitioner is in custody for about nine months. Prosecution case is that 172 bottles of phenesedyl containing codeine phosphate was recovered from the exclusive possession of the petitioner while he was trying to cross the border. Petitioner submits that investigation has already been culminated into a chargesheet and the prosecution proposed to examine sixteen witnesses. However, charge has not yet been framed and it will take long time to conclude the trial and, as such, he may be released on bail on any terms and conditions. Learned counsel appearing on behalf of the State opposed the bail prayer contending that commercial quantity of narcotic substance was recovered from the exclusive possession of the petitioner and 14th August, 2025 is fixed by the Trial Court for charge hearing. He further submits that

if the petitioner is released on bail, there is every chance of his abscondence, which will delay the trial.

Having heard learned counsel on behalf of the petitioner and the State and that the rigour of Section 37 of the NDPS Act clearly attracts in respect of the present petitioner, the prayer for bail is rejected.

Accordingly, CRM (NDPS) 636 of 2025 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.)