Sk Mehbub v. State Of West Bengal

18.12.2025 Serial no. 758 [G.S.D] (Original Order Copy) CRM (NDPS) 1523 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 04 of 2025 arising out of Jhargram PS Case No. 17 of 2025 dt. 10.01.2025 u/s 21(c)/29 of the NDPS Act, 1985.

-AndIn the matter of : Sk. Mehbub ... ... Petitioner(s) Mr. Soumyajit Das Mahapatra Ms. M. Sinha Ms. Upasana Banerjee ... for the Petitioner(s) Mr. Joydeep Biswas Mr. Kaustav Banerjee ... for the State-respondent(s) Learned advocate for the petitioner submit that 3 kg 194 gm of codeine mixture were allegedly seized from the possession of the petitioner and since then he is in custody for eleven months and eight days. Learned advocate also added that the investigation of the case is concluded and charge-sheet has been submitted.

Additionally, it has been submitted that other accused persons are absconding, as such, there is no possibility of the trial commencing in the near future. According to the learned advocate, the prosecution intends to examine 14 witnesses in support of its case. Learned advocate for the State opposes the prayer for bail and submits that the chemical expert's report do

corroborate the seized contraband, as such, the prayer for bail should be refused.

I have taken into account the period of detention of the present petitioner and having regard to the same, I am of the view that there is no possibility of the trial concluding in the near future, as such, I am of the view that the petitioner be released on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Sk. Mehbub shall be released on bail upon furnishing 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-cum-Additional Sessions Judge, 1st Court, Jhargram.

If on bail, the petitioner shall appear on each and every date of the trial so fixed by the learned trial court and shall not leave the district of Jhargram without prior permission of the learned trial court/special court. Accordingly, CRM(NDPS) 1523 of 2025 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)