Sourav Mondal @ Sourab Mandal @ Soharab Mondal @ Soyarab Mondal v. The State Of West Bengal

25-06-2024 (ct. no.28) KOLE CRM (NDPS) 988 of 2024 In re: An application for bail under Section 439 of the Code of Criminal Procedure in connection with Bongoan Police Station Case No. 1002 of 2019 dated 21.12.2019 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

- A n d - In the matter of : Sourav Mondal alias Sourab Mandal alias Soharab Mondal alias Soyarab Mondal .... Petitioner.

Mr. Deepanjan Chatterjee, Mr. Sankar Paul, Mr. Goutam Malik, ... For the Petitioner.

Mr. Ranabir Roychowdhury, Mr. Sekhar Barman, ... For the State.

The petitioner says that the principal accused has been acquitted. Thereafter, he has been arrested. There was no recovery of contraband from him. He is in custody for 132 days. He should be enlarged on bail.

Learned Advocate for the State says that there were six accused persons. Charge sheet was issued in the name of three persons. The case of the principal accused was segregated and he was tried. He was acquitted. This petitioner was absconding for about five years. Warrant of arrest was issued against him. He was then arrested on February 16, 2024. The date of trial has been fixed on July 11, 2024. If enlarged on bail, the petitioner in all probability will abscond again.

We have to agree with learned Advocate for the State. The conduct of the petitioner is far from happy. He absconded for a long time. The police has now been able to apprehend him. There

is every chance of the petitioner absconding if we enlarge him on bail now.

Accordingly, irrespective of whether or not the restriction under Section 37 of the NDPS Act operates in this case, we are not inclined to allow the petitioner's prayer for bail, at this stage. CRM (NDPS) 988 of 2024 is, thus, dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )