Kawsar Mondal v. State Of West Bengal

08.12.2025 Court No.35.

D/L. 20.

Rakib (rejected) CRM (NDPS) 1582 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station case no. 738 of 2025 dated 10.04.2025 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Kawsar Mondal.

......Petitioner.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh ......for the Petitioner.

Mr. Ranadeb Sengupta Mr. Sobhan Gani ......for the State.

Learned advocate appearing for the petitioner submits that from the joint possession of the petitioner and others 475 bottles phensedyl were recovered and the petitioner is in custody for the last seven months without any progress, as such his further detention is unwarranted in connection with the instant case and he may be released on bail. Learned advocate for the State opposes the prayer for bail and submits that out of four accused persons two accused persons are still absconding.

Having regard to the stage of the case that charge-sheet has already been submitted, I am not inclined to release the petitioner on bail at this stage.

However, the learned trial Court would split up the trial of the case after exhausting the process of law against the absconding accused persons and thereafter release the petitioner on bail after the stage of consideration of charges is over, on such terms and conditions as the learned trial Court deems fit and proper.

Accordingly, the prayer for bail of the petitioner being CRM (NDPS) 1582 of 2025 is dismissed at this stage. All parties shall act in terms of server copy of the order 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.)