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Calcutta High CourtCRM (NDPS)/891/2025allowed

Karna Kumar Shil @ Karna Shil v. State Of West Bengal

2025-08-05Hon'Ble Dr. Justice Ajoy Kumar Mukherjee3 pages

05.08.2025 Item no.35 Ct. No. 29 BD.

C.R.M. (NDPS) 891 of 2025 In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 73 of 2024 arising out of Hogalberia Police Station Case No. 194 of 2024 dated 18/08/2024 under sections 21(c)/29 of the NDPS Act, 1985. In the matter of : Karna Kumar Shil @ Karna Shil .... Petitioner. Mr. Sumanta Das Mr. Abhilash Tripathi Ms. Sayantika Sahu ... for the petitioner. Mr. Bibaswan Bhattacharyya Ms. Rajnandini Das ... for the State. It is submitted on behalf of the petitioner that nothing was recovered from the possession of the present petitioner and his name transpired from the co-accused statement. He is in custody for about 107 days. Prosecution case is that 484 bottles of phenesedyl containing cough syrup was recovered from the possession of five Bangaladeshi Nationals, who allegedly got the same from the present petitioner. He further submits that eight accused persons are still absconding and for which charge could not be framed though charge-sheet submitted long back.

Having considered the submissions made on behalf of the petitioner and the State, and that nothing was recovered from the possession of the present petitioner and for which rigour of section 37 of the NDPS

Act, may not attract in respect of the present petitioner, the prayer for bail made by the petitioner is allowed. Accordingly, the petitioner namely, Karna Kumar Shil @ Karna Shil, 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, Krishnagar, Nadia, and also on condition that the petitioner shall not leave the geographical limit of District- Nadia, without the leave of the trial court, and shall report to the Inspector-inCharge/Officer-in-Charge, Hogalberia Police Station, District- Nadia, 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) 891 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.)