Suman Nath v. State Of West Bengal

17.12.2025 Serial no. 11 [G.S.D] CRM (NDPS) 1609 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 Kalna PS Case No. 29 of 2025 dated 07.01.2025 u/s 20(b)(ii)(c) of the NDPS Act, 1985. -AndIn the matter of : Suman Nath ... ... Petitioner(s) Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Raja Das Mr. Gourav Roy ... for the Petitioner(s) Md. Adil Badr Mr. Soumadip Saha ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for about ten months and the subject-matter of recovery is 67.1 kg of ganja from the vehicle. Learned advocate also submits that the petitioner has been implicated on the statement of the villagers and there is no recovery either from the personnel possession of the petitioner or from his residence.

Learned advocate for the State opposes the prayer for bail and submits that the co-villagers have identified the petitioner as a driver and he had associates who had been plying the vehicle. According to the learned advocate, charge-sheet has been submitted in connection with the instant case and charge has already been framed.

Additionally, it has been submitted that Call Data Records are available which are part and parcel of the evidence of the case.

Having considered that the owner of the vehicle is still an accused who is absconding as also the fact that the recovery was from the vehicle and not from the present petitioner except to the extent that some statement appeared against him from the co-villagers, I am inclined to enlarge the petitioner on bail.

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

Accordingly, the petitioner viz, Suman Nath 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 Judge, 3rd Special Court under NDPS Act, Burdwan.

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 Purba Bardhaman without prior permission of the learned Trial Court/Special Court Accordingly, CRM(NDPS) 1609 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.)