Mahabur Mondal v. State Of West Bengal

18.12.2025 Serial no. 757 [G.S.D] CRM (NDPS) 1521 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. 44 of 2024 arising out of Kumarganj PS Case No. 261 of 2024 dated 02.09.2024 u/s 21(c)/22(c)/23(c)/27A of NDPS Act, 1985.

-AndIn the matter of : Mahabur Mondal ... ... Petitioner(s) Mr. Pawan Kr. Gupta Mr. Subrata Saha Ms. Sofia Neswar Mr. Santanu Sett Mr. Abhik Biswas ... for the Petitioner(s) Mr. Avishek Sinha Ms. Debolina Das ... for the State-respondent(s) The petitioner has been arrested as the recovery was from a vehicle which belongs to the wife of the present petitioner and he is in custody for 110 days. Learned advocate also submits that the investigation of the case has already been concluded, as such, the petitioner may be released on bail on any stringent condition.

Learned advocate for the State opposes the prayer for bail and submits that commercial quantity of contraband has been seized and the release of the petitioner would jeopardize the trial.

On an assessment of the fact, I find that the rigours of Section 37 of the NDPS Act is attracted, as such, I am not inclined to enlarge the petitioner on bail.

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

The petitioner would renew his prayer for bail at the appropriate stage.

In the meantime, State is directed to expedite the process of consideration of charges as also the progress of vital witness of the case.

Accordingly, CRM(NDPS) 1521 of 2025 is dismissed. 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.)