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Calcutta High CourtCRM (NDPS)/1163/2025allowed

Sahidul Mondal @ Saidul 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.DL46 Court No. 35 Criminal Miscellaneous Jurisdiction Appellate Side ALLOWED Asraf, A.R.(Ct.) Case No.

CRM (NDPS) 1163 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. 142 of 2025 dated 11.05.2025 under Sections 21(C) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

-ANDIn the matter of :

SAHIDUL MONDAL @ SAIDUL MONDAL ......Petitioner For the Petitioner :

Mr. Sumanta Das ...Advocate For the State :

Mr. Rudradipta Nandy Ms. Ratna Ghosh ...Advocates 1.

Learned advocate appearing on behalf of the petitioner submits that the petitioner was arrested on the basis of the statement of co-accused and is in custody for 146 days. 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 on any stringent condition.

2.

Learned advocate appearing for the State opposes the prayer for bail and submits that 800 bottles of phensedyl is the subject matter of the case, however, learned advocate

for the State is unable to dislodge the argument that it is the statement of the co-accused.

3.

Having considered the facts of the case, I am of the opinion that the petitioner has been able to overcome the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985.

4.

As such, the petitioner, namely, Sahidul Mondal alias Saidul 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) 1163 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. )