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Calcutta High CourtCRM (NDPS)/1093/2025allowed

Rakesh Mondal v. State Of West Bengal

2025-12-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.12.2025 In the High Court at Calcutta Item No.DL39 Court No. 35 Criminal Miscellaneous Jurisdiction Appellate Side ALLOWED Asraf, A.R.(Ct.) Case No.

CRM (NDPS) 1093 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Hogolberia Police Station case no. 321 of 2024 dated 25.12.2024 under Sections 21(c) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

-ANDIn the matter of :

RAKESH MONDAL ......Petitioner For the Petitioner :

Mrs. Karabi Roy ...Advocate For the State :

Mr. Anand Keshri Mr. Manoranjan Mahata ...Advocates 1.

Learned advocate appearing on behalf of the petitioner submits that the petitioner was arrested on the accusations of recovery of 250 bottles of phensedyl and is in custody for about a year. Learned advocate for the petitioner further submits that there is no possibility of the trial concluding in near future, as such, the petitioner may be released on bail. 2.

Learned advocate appearing for the State opposes the prayer for bail and submits that there were other persons who fled away from the spot and it is the petitioner who was in possession of the contraband.

3.

Having considered the period of detention of the petitioner, I am of the opinion that further custodial detention is unwarranted at this stage.

4.

As such, the petitioner, namely, Rakesh Mondal shall furnish bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court, N.D.P.S. Act, Nadia at Krishnagar.

5.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner shall not leave the jurisdiction of district of Nadia without prior permission of the learned Special Court.

6.

Accordingly, CRM(NDPS) 1093 of 2025 is allowed. 7.

Case diary be returned to the learned advocate appearing for the State.

8.

All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 9.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Tirthankar Ghosh, J. )