Calcutta High CourtCRM (NDPS)/964/2025rejected

Kajali Mahata v. State Of West Bengal

2025-09-04Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

04.9.2025 akb Sl. 231 Ct.29 Rejected CRM (NDPS) No. 964 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. 27 of 2025 arising out of Hili Police Station Case No. 91 of 2025 dated 28.04.2025 under Sections 20(b)(ii)(c)/27A/28 of the NDPS Act, 1985.

And In re: Kajali Mahata ... petitioner Mr. Kaushik Choudhuyry Mr. Rakesh Jana ...for the petitioner Mr. Antarikhya Basu Ms. Sanjida Sultana ...for the State Learned Counsel appearing on behalf of the petitioner submits that 93 kgs. 400 gms. of Ganja was recovered from one co-accused Kanchan and verifying his statement, the name of the present petitioner was transpired and leading her statement, only 2 kgs, 64 gms. of Ganja was recovered from her possession, which is below commercial quantity and that the petitioner is not FIR named and as such she being a lady accused may be released on bail on any terms and conditions.

Learned Counsel appearing on behalf of the State vehemently opposed the bail prayer contending that it is well settled that subsequent recovery on the basis of co-accused statement cannot be treated separately and furthermore, the materials available in the Case Diary discloses that she is a habitual offender having five antecedents and moreover from the co-accused statement it transpired that entire narcotic substances was stored in the house of the present petitioner, who resides close to Indo-Bangaladesh Border and she is the kingpin of the smuggling business. It is further submitted on behalf of the State that the investigation is still in progress and if she is released on

bail, there is serious chance of abscondence. Having heard learned Counsel appearing on behalf of the petitioner and the State and also on perusal of the materials it appears that the petitioner failed to overcome the restrictions imposed in Section 37 of the NDPS Act and as such her prayer for bail is considered and rejected.

The Memo of evidence produced in Court by the learned Counsel for the State, is taken on record.

The application, being CRM (NDPS) 964 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.)