Calcutta High CourtCRM (NDPS)/1435/2025allowed

Mithun Mandal v. State Of West Bengal

2025-11-18Hon'Ble Justice Tirthankar Ghosh2 pages

18.11.2025 Court No.35.

D/L. 23.

Rakib (Allowed) CRM (NDPS) 1435 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Baishnabnagar Police Station Case No. 49 of 2025 dated 14.01.2025 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Mithun Mandal ......Petitioner.

Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick ......for the Petitioner.

Mr. Antarikhya Basu Ms. Chandreyi Dutta ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 10 months and petitioner has been implicated because of seizure of 300 bottles of phensedyl/codeine phosphate. It has also been contended that the although charge-sheet has been submitted but till date charge could not be framed as one of the accused persons has been absconding.

Learned advocate appearing for the State submits that the there are nine witnesses on which the prosecution proposes to rely and there is every possibility of the trial being concluded very soon.

Be that as it may, having considered that the petitioner is in custody for 10 months and till date the whereabouts of the other accused who is absconding is not before the learned

Special Court, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. As such the petitioner namely, Mithun Mandal 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 under NDPS Act, Malda. If on bail, the petitioner shall meet with the Inspectorin-Charge of Baishnabnagar Police Station once in a fortnight until and unless the same is modified by the learned Special Court.

Petitioner shall be physically present on each and every date so fixed by the learned trial Court.

Accordingly, CRM (NDPS) 1435 of 2025 is allowed. All parties shall act in terms of server copy of the order 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.)