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Calcutta High CourtCRM (NDPS)/791/2025allowed

Mustakim Sk @ Mustakin Sk @ Mustakin Mondal v. State Of West Bengal

2025-11-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.11.2025 Court No.35.

D/L. 92.

Kausik (Allowed) CRM (NDPS) 791 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Bhagwangola Police Station Case No. 548 of 2024, dated 20th October, 2024 under section 21 (C)/29 of the NDPS Act, 1985;

And In the matter of : Mustakim Sk. @ Mustakin Sk @ Mustakin Mondal ......Petitioner.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh ......for the Petitioner.

Mr. Bibaswan Bhattacharya Mr. Atanu Ghosh ......for the State.

Learned advocate appearing for the petitioner submits that only 55 bottles of Phensedyl were recovered from the possession of the petitioner and he has been detained in custody since 03.12.2024. The investigation of the case has already been concluded and on any stringent condition petitioner prays for bail.

Learned advocate for the State on the other hand opposes the prayer for bail and submits that initially 55 bottles of Pheysedyl were recovered. But subsequently another 48 bottles of Phensedyl were recovered on the basis of statement of the present petitioner. Petitioner has an antecedent so far as NDPS cases are concerned and it has also been brought to the

notice of the case that the next date has been fixed for consideration of charges.

Having considered the period of detention of the petitioner and there being no possibility of the trial concluding within close proximity of time, I am inclined to release the petitioner on bail.

Accordingly, petitioner, namely Mustakim Sk. @ Mustakin Sk @ Mustakin Mondal 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 Learned Special Court under NDPS Act, Additional District Judge, 2nd Court at Berhampore, Murshidabad.

If on bail the petitioner shall be physically present on each and every date fixed by the learned Trial Court. Petitioner shall not leave the jurisdiction of District of Murshidabad without the permission of the learned Special Court. Accordingly, CRM (NDPS) 791 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)