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Calcutta High CourtCRM (NDPS)/810/2025allowed

Pintu Paul v. State Of West Bengal

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

31.07.2025 Item no.20 Ct. No. 29 BD.

C.R.M. (NDPS) 810 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 28 of 2025 arising out of Patiram Police Station Case No. 103 of 2025 dated 03/05/2025 under sections 21(c)/22(c)/23(c)/27A of the NDPS Act, 1985.

In the matter of : Pintu Paul .... Petitioner. Mr. Milon Mukherjee Mr. Biswajit Manna ... for the petitioner. Mr. Shubhamoy Bhattacharya Ms. Rituparna Saha ... for the State. It is submitted on behalf of the petitioner that petitioner is in custody for about eighty seven days but nothing was recovered from the possession of the present petitioner though he was taken to police custody. He further submits that prosecution case is that 648 bottles of phenesedyl was allegedly recovered from one coaccused Bellaluddin Mandal. In such circumstances, he prayed for bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposed the bail prayer. However, in his usual fairness he submits that nothing was recovered from the possession of the present petitioner during investigation. Having considered the submissions made on behalf of the petitioner and the State, and that rigour of section 37 of the NDPS Act, may not attract in respect of

the present petitioner since no recovery was made from him, the prayer for bail made by the petitioner is allowed. Accordingly, the petitioner namely, Pintu Paul, shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Balurghat, Dakshin Dinajpur, and also on condition that the petitioner shall not leave the geographical limit of District- Dakshin Dinajpur, without the leave of the trial court, and shall report to the Inspector-inCharge/Officer-in-Charge, Patiram Police Station, District- Dakshin Dinajpur, once in a week until further order.

It is further ordered that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his cell phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. The petitioner 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, C.R.M. (NDPS) 810 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.)