Abdul Wahab Mahaldar v. State Of West Bengal

09.10.2025 SL No.33 Court No.7 S.Gayen/ Rohan

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 1019 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachawk Police Station Case No. 1141 of 2025 dated 23.06.2025 under sections 21(c)/27A/29 of the NDPS Act, 1985;

-AndIn the matter of: Abdul Wahab Mahaldar

...Petitioner

Mr. Sandip Chakraborty Mr. Koustav Das ...for the Petitioner Ms. Faria Hossain, Ld. APP Ms. Trina Mitra ...for the State

1. Learned counsel for the petitioner and the learned counsel for the opposite party/State are present.

2. Heard the learned counsel for the parties.

3. Perused the materials on record.

4. Learned counsel for the petitioner submits that although there is no recovery from the petitioner, his client's name has been implicated on the statement of the co-accused.

5. Learned counsel for the opposite party/State objects to the grant of bail and relies upon the bank statement of the present petitioner, where it is reflected that he has received money from the co-accused.

As petitioner claimed himself to be a businessman, dealing with different persons including the co-

accused persons and considering the fact that there is no recovery from the petitioner, this Court is of the view that the petitioner, at this stage, has been able to meet the rigours of Section 37 of the NDPS Act.

6. Accordingly, the application for bail is, thus, allowed.

7. The petitioner be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be a local, to the satisfaction of the learned Chief Judicial Magistrate, Malda. The petitioner shall appear before the trial court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the Trial Court without prior permission of the Court. The petitioner shall meet the Investigating Officer once in a week, until further orders.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. Thus, the application for bail being C.R.M. (NDPS) 1019 of 2025 stands disposed of.

(Biswaroop Chowdhury, J.)