Calcutta High CourtCRM (NDPS)/1602/2025allowed

Ganesh Kundu v. State Of West Bengal

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

12.12.2025 Serial no. 62 [G.S.D] CRM (NDPS) 1602 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 Manikchak Police Station Case No. 401 of 2025 dated 06.06.2025 u/s 21(c)/27(A)/29 of the NDPS Act.

-AndIn the matter of : Ganesh Kundu ... ... Petitioner(s) Mr. Mazhar Hossain Chowdhury ... for the Petitioner(s) Ms. Rituparna Ghosh Mr. Santanu Talukdar ... for the State-respondent(s) Learned advocate for the petitioner submit that the petitioner is in custody for 135 days and has been implicated on the basis of the statement of a co-accused from whom 413 bottles of codeine mixture were recovered, as such, on any stringent condition, the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that there are materials appearing against the petitioner.

However, having considered that the petitioner has been implicated on the basis of statement of a co-accused, I am of the view that further detention of the petitioner is unwarranted.

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

Accordingly, the petitioner viz, Ganesh Kundu 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 Special Court under NDPS Act -cum-learned Additional Sessions Judge, 4th Court, Malda.

If on bail, the petitioner shall be physically present on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of the district of Malda without the prior permission of the learned Special Court.

Accordingly, CRM(NDPS) 1602 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.)