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Calcutta High CourtCRM (NDPS)/737/2025allowed

Nurjahan Bibi And ANR. v. State Of West Bengal

2025-07-31Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

31.07.2025 SR Allowed CRM (NDPS) 737 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Tamluk Police Station Case No.272 of 2025 dated 06.04.2025 under Sections 20(b)(ii)/29 of the NDPS Act, 1985.

And In the matter of : Nurjahan Bibi & Anr.

.... Petitioner Mr. Amal Krishna Samanta ...for the Petitioner Mr. Suman De Mr. Rahul Ganguly ...for the State It is submitted on behalf of the petitioners that intermittent quantity of Ganja was allegedly recovered from the joint possession of the petitioners. The petitioners are in custody for about 125 days and the investigation has already been culminated into a charge-sheet and, as such, no fruitful purpose will be served by detaining the present petitioners in custody and, as such, they may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposed to the bail prayer but he has not disputed that recovery of intermittent quantity of contraband is involved in the instant case.

Having considered the submissions made on behalf of both the parties and that, the investigation has already been culminated into a charge-sheet and that, the rigour of Section 37 of the NDPS Act may not attract in respect of the

present petitioners, the prayer for bail is considered and allowed.

Accordingly, the petitioners namely, Nurjahan Bibi and Amina Khatun Bibi @ Amine Bibi, shall find bail of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Purba Medinipur, and also on condition that the petitioners shall not leave the geographical limit of District- Purba Medinipur, without the leave of the learned trial court, and shall report to the Inspector-in-Charge/Officer-in-Charge, Tamluk Police Station, District - Purba Medinipur, once in a week at their convenient time in between sunrise and sunset until further order.

It is further ordered 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 cell phone number 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 petitioners shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.

Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court.

Accordingly, CRM (NDPS) 737 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.)