Mahabur Mondal v. State Of West Bengal

04.9.2025 akb Sl. 230 Ct.29 Rejected CRM (NDPS) No. 947 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with the NDPS Case No. 4 of 2025 arising out of Kumarganj Police Station Case No. 375 of 2024 dated 27.12.2024 under Sections 21(c) / 22(c) / 23(c) / 25 / 27A / 28 of the NDPS Act, 1985.

And In re: Mahabur Mondal ... petitioner Mr. Kaushik Choudhuyry ...for the petitioner Mr. Koushik Kundu Mr. Debasish Brahma ...for the State Prosecution case is that 1392 bottles of cough syrup containing codeine phosphate was recovered from the house of the present petitioner and at the time of search and seizure, the petitioner managed to fled away from the house.

Learned Counsel appearing on behalf of the petitioner submits that the prosecution proposes to examine 23 witnesses out of which they could examine so far only six witnesses and he is in custody since 15th January, 2025 and as such nobody knows when the trial would be concluded and considering his period of detention he may be released on bail on any terms and conditions. Learned Counsel appearing on behalf of the state submits that the trial have been advanced to a considerable extent during the period and it will not take much time to conclude the trial. Furthermore, huge quantity of narcotic substance was recovered from conscious possession of the present petitioner and if released on bail there is every chance of his abscondence.

Having heard learned Counsel for the petitioner and the State and that the rigour of Section 37 of the NDPS Act clearly attracts in

respect of the present petitioner, the prayer for bail is considered and rejected.

The application, being CRM (NDPS) 947 of 2025 is accordingly disposed of.

Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)