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Calcutta High CourtCRM (NDPS)/1586/2025allowed

Khos Mahammad Sekh v. State Of West Bengal

2025-12-09Hon'Ble Justice Tirthankar Ghosh2 pages

09.12.2025 Court No.35.

D/L. 14 Rakib (Allowed) CRM (NDPS) 1586 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 Kharagpur GRPS case no. 118 of 2024 dated 07.07.2024 under Sections 20(b)(II)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Khos Mahammad Sekh.

......Petitioner.

Mr. Manojit Debnath ......for the Petitioner.

Mr. Avishek Sinha Ms. Sima Biswas ......for the State.

Learned advocate appearing for the petitioner submits that the present petitioner is similarly situated as the other accused person who has been granted bail in CRM (NDPS) 1438 of 2025.

Learned advocate for the State opposes the prayer for bail but is unable to distinguish the locus of the present petitioner from the other accused who has been granted bail. The subject matter of the case relates to 28 kgs of ganja recovered from three persons and the petitioner is in custody for one year four months. Prosecution intends to examine fourteen witnesses.

In view of the findings in CRM (NDPS) 1438 of 2025, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such petitioner namely, Khos Mahammad Sekh 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, Paschim Medinipur.

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

Accordingly, the application for bail being CRM (NDPS) No. 1586 of 2025 is allowed.

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.)