Basanti Das And ANR. v. State Of West Bengal
25.07.2025 Item no.21 Ct. No. 29 BD.
C.R.M. (NDPS) 786 of 2025 In Re:- An application for bail under section 439 of the Code of Criminal Procedure 1973, or under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with PTN No. 2645 of 2025 arising out of Domjur Police Station Case No. 376 of 2025 dated 27/05/2025 under sections 20(b)(ii)(B)/29 of the NDPS Act, 1985.
In the matter of : Basanti Das & Anr.
.... Petitioner.
Mr. Mrityunjay Chatterjee Ms. Suchismita Chakraborty ...for the Petitioner. Ms. Sreyashee Biswas Ms. Debolina Das ...for the State.
Both the petitioners who are lady accused submits that 8.6 kgs. of ganja was allegedly recovered from their possession and they are in custody for about 2 months and as such they may be released on bail on any terms and conditions Learned Counsel appearing on behalf of the State opposed the bail prayer contending that investigating is still continuing, however, she submits that the contraband substance allegedly recovered from the petitioners is below commercial quantity.
Having considered the submission made on behalf of the petitioners and the State and that the investigation in respect of the present lady petitioners have advanced to a considerable extent and that rigour of Section 37 of
NDPS Act may not attract in respect of the present petitioners the prayer for bail considered and allowed. Accordingly, the petitioners namely, (1) Basanti Das and (2) Shila Majhi 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, Howrah and also on condition that the petitioner shall not leave the geographical limit of District- Howrah, without the leave of the trial court, and shall report to the Inspector-inCharge/Officer-in-Charge, Domjur Police Station once in a week at their convenient time in between sunrise and sunset until further orders.
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 their 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, C.R.M. (NDPS) 786 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.)