Arun Mandal v. State Of West Bengal

06.11.2025 M/L Sl. No. 77 Court No.35 Rohan (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 760 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 98 of 2025 dated 23.01.2025 for the offences punishable under Sections 21(C)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 25(1-B(a)/27/35 of the Arms Act read with Section 61(2) of the Bharatiya Nyaya Sanhita, 2023.

-AndIn the matter of: Arun Mandal

...Petitioner

Mr. Amitabha Karmakar, Mr. Arup Bhowmick.

...for the Petitioner Mr. Ranadeb Sengupta, Ms. Debolina Das.

...for the State

1. Learned advocate appearing for the petitioner submits that subject matter of the case involves recovery of 230 bottles of Phensedyl. The petitioner is in custody for 9 months and although, charge-sheet has been submitted but till date, charge has not been framed.

2. Learned advocate for the State opposes the prayer for bail and submits that initially 100 bottles of Phensedyl was recovered. Pursuant to the statement of the arrested accused, another 130 bottles of Phensedyl was recovered from the house of the petitioner. It has also been submitted on behalf of the State that

all efforts are being taken by the prosecution to take the trial of the case to its logical conclusion.

3. Having considered that the prosecution intends to examine three witnesses and there is no scope of the same to be concluded in the near future and also taking into account the period of detention of the present petitioner, I am inclined to release the petitioner on bail.

4. As such, the prayer for bail of the petitioner, namely, Arun Mandal is allowed.

5. Accordingly, the petitioner shall furnish 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 the learned Judge, Special Court at Malda.

6. If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date. Petitioner shall not leave the jurisdiction of Kaliachak Police Station without prior permission of the learned Special Court.

7. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

8. Accordingly, CRM (NDPS) 760 of 2025 is allowed.

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

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

(Tirthankar Ghosh, J.)