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Calcutta High CourtCRM (NDPS)/1025/2025rejected

Sandip Mondal v. State Of West Bengal

2025-08-28Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

28.08.2025 SB Rejected C.R.M. (NDPS) 1025 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NDPS case no. 38 of 2024 arising out of Mandir Bazar Police Station case no. 479 of 2024 dated 30th October, 2024 under Sections 20(b) of the NDPS Act 1985. And In the matter of : Sandip Mondal .... Petitioner Mr. Navanil De Ms. Monami Mukherjee ...for the Petitioner Ms. Anasuya Sinha Mr. Aritra Bhattacharya ...for the State Report submitted by the Inspector-in-charge, Mandir Bazar Police Station dated 27.8.2025 is taken on record. Prosecution case is that 37.37 kgs of Ganja was allegedly recovered from the possession of the three accused persons and the present petitioner is one of them.

Learned counsel for the petitioner submits that the petitioner is in custody for about ten months and though the charge has been framed on 12th June, 2025 but recording of evidence has not yet been started and the next date is fixed on 1st September, 2025 and 2nd September, 2025 and 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 for the State opposes the bail prayer contending that commercial quantity of narcotic substance

was recovered from the joint possession of the present petitioner and the trial has already been commenced and it is expected that the trial would be concluded within a short span of time.

Having considered the submissions made on behalf of both the parties and on perusal of the materials placed before me, I find that the present petitioner fails to overcome the restrictions imposed under Section 37 of the NDPS Act. Therefore, the prayer for bail made by the present petitioner is rejected.

However, the Trial court is requested to expedite the trial and to come to a logical conclusion at the earliest. Both the parties will communicate the order to the Trial court immediately.

Accordingly, CRM (NDPS) 1025 of 2025 is 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.)