Subhankar Mandal And ORS. v. State Of West Bengal

07.11.2025

IN THE HIGH COURT AT CALCUTTA

Item No.42 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1399 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 651 of 2025 dated 23.04.2025 under Sections 21(c)/27A/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 126(2)/132/221/3(5) of the Bharatiya Nyaya Sanhita, 2023.

And In Re : Subhankar Mandal and others ... Petitioners.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... For the Petitioners.

Mr. Bibaswan Bhattacharya, Mr. Prakash Mishra ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for about 49 days and till date, charge-sheet has not been submitted. Additionally, it has been submitted that there has been no recovery from the possession of the present petitioners. Learned advocate appearing for the State, on the other hand, submits that the petitioners threw away the bottles and fled away and they could not be intercepted by the BSF. There are eyewitnesses who have seen the accused persons. The investigation of the case, according to the State, is still in progress.

Having regard to the stage of the case, I am not inclined to release the petitioners on bail at this stage. Accordingly, the prayer for bail of the petitioners is rejected. The application for bail, being CRM (NDPS) 1399 of 2025, is, thus, dismissed.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)