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Calcutta High CourtCRM (NDPS)/1550/2025allowed

Dilip Mondal v. State Of West Bengal

2025-12-03Hon'Ble Justice Tirthankar Ghosh3 pages

03.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.10 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1550 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Hogolberia Police Station Case No. 10 of 2024 dated 21.01.2024 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Dilip Mondal ... Petitioner.

Mr. Amanul Islam, Mr. Sourav Mukherjee ... For the Petitioner.

Mr. Saryati Dutta, Ms. Jonaki Saha ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 20 days and the subject-matter of the case involves recovery of 50 bottles of Phensedyl. According to the petitioner, charges have been framed and trial of the case is in progress. It has been submitted that the petitioner may be released on bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there are antecedents of the present petitioner.

I have considered the quantum of seizure of contraband and the period of detention of the present petitioner. Having considered that till date eight witnesses have been examined out of 14 witnesses proposed to be

examined by the prosecution, further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Dilip Mondal shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act, Nadia at Krishnagar.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Nadia without the prior permission of the learned Special Court. The petitioner shall also meet with the Officer-inCharge/Inspector-in-Charge of Hogolberia Police Station once in a week till further orders of this Court. The concerned Officer-in-Charge/Inspector-in-Charge would send a report to the learned Special Court once in a month relating to the appearance of the petitioner till further orders.

In case there is violation of any condition, the court in seisin of the present case would be at liberty to cancel the bail of the petitioner without further reference to this Court. The application for bail, being CRM (NDPS) 1550 of 2025, is, thus, disposed of.

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.)