Shibanga Mandal @ Siba v. State Of West Bengal

D/L 284 03.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (NDPS) 1322 of 2026 Shibanga Mandal @ Siba Vs The State of West Bengal In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 1255 of 2024 dated 13.08.2024, under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And In the matter of : Shibanga Mandal @ Siba ......Petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ...for the Petitioner Mr. Shataroop Purkayastha ...for the State

1. Learned Advocate appearing for the petitioner submits that the subject matter of the case relates to 1 kg 386 gms of brown sugar. However the petitioner has been implicated on the basis of the statement of co-accused.

2. Learned Advocate appearing for the State opposes the prayer for bail as the petitioner was not available before the Court for about one and a half years. Learned Advocate for the State however cannot refute the contention that the petitioner's implication is on the basis of the statement of other co-accused and there has been no recovery from the present petitioner. It has been

pointed out that there are other criminal cases including the cases under the N.D.P.S Act.

3. Having considered the locus of the present petitioner in respect of the present case as only the statement of the co-accused is relevant evidence I am inclined to release the petitioner on bail.

4. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Shibanga Mandal @ Siba shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, one of whom must be local to the satisfaction of Learned Judge, Special Court, 3rd Court, under NDPS Act, Malda.

5. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of Malda without prior permission of the learned Special Court.

6. Accordingly, C.R.M (NDPS) 1322 of 2026 is allowed.

7. Memo of evidence submitted be kept with the record.

8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.

9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)