Elias Mondal v. The State Of West Bengal

g.b.

28.08.2025 Court No.29 CRM (NDPS) 748 of 2025 An application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sankrail Police Station Case No. 536/2024 dated 24.07.2024 under Sections 20( b) (ii)(c) of the NDPS Act. Elias Mondal Vs.

The State of West Bengal Sk. Toslim Ali .......For the Petitioner Mr. Ronodeb Sengupta Ms. Pllavi Priyadarshee ....For the State Prosecution case is that 235 Kg. of ganja was recovered from the possession of the present petitioner. Petitioner submits that he is in custody since 24th July, 2024 and the charge has been framed against the petitioner on 18.06.2025. He further submits that the statement of seizure witnesses has not been recorded during investigation, as no such copy was given to them under Section 207 of the Cr. P. C. and as such the seuzure is suspicious. However, considering his period of detention 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 contraband was recovered from the possession of the present petitioner and that the statement of the seizure witnesses have been recorded which reflects in the case diary. Now if he is released on bail, then there is serious

chance of abscondance.

Having heard the submissions made on behalf of both the parties and that the rigour of Section 37 of the NDPS Act attracts in respect of the present petitioner, the prayer for bail of the petitioner is considered and rejected. CRM (NDPS) 748 of 2025 stands 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.)