Kundan Kumar v. State Of West Bengal

03.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1551 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Howrah GRPS Police Station Case No. 71 of 2024 dated 25.07.2024 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Kundan Kumar ... Petitioner.

Md. Wasim Akram ... For the Petitioner.

Mr. Sanjay Banerjee, Ms. Eshita Dutta ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 4 months and the subject-matter of the case involves recovery of 22.44 kgs. of ganja/contraband from the joint possession of the petitioner and another. The prosecution has relied upon 17 witnesses to prove its case and till date one witness has been examined. As such, 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 the petitioner is a resident of Baisali, Bihar and there is every scope of fleeing away and/or evading the process of law. As such, his bail may be rejected.

Having considered the quantum of seizure of contraband and the period of detention of the present

petitioner, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Kundan Kumar 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, Howrah.

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 Howrah without prior permission of the learned Special Court. The petitioner shall also meet with the Officer-inCharge/Inspector-in-Charge of Howrah Police Station once in a week till further orders of this Court and furnish his address where he would be staying to the concerned Officerin-Charge/Inspector-in-Charge or any officer deputed by him.

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) 1551 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.)