Calcutta High CourtCRM (NDPS)/1923/2024dismissed as rejected

Sinanda Mandal v. State Of West Bengal

2025-02-26Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

26.02.2025 Item No.15 Court No. 26 CHC Rejected CRM (NDPS) 1923 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Lalgola Police Station Case No. 454 of 2023 dated 17.10.2023 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, and submitted Charge Sheet being Charge Sheet no.188/2024 dated 12.04.2024 under Section 21(c)/29 of the N.D.P.S. Act being N.D.P.S. Case No.105 of 2023.

-AndIn the matter of : Sinanda Mandal ... ...Petitioner Ms. Shabana Hasin, Advocate Ms. Samima Akter, Advocate ... ... For the Petitioner Mr. Ranabir Ray Chowdhury, Advocate Ms. Debjani Dasgupta, Advocate ... ...For the State

1. Learned advocate appearing for the petitioner submits that, the petitioner does not wish to press the application any further.

2. We find from the records that, the application was filed on December 5, 2024 and it was considered by the coordinate Bench on January 16, 2025. Elaborate arguments were made on behalf of the petitioner. No reason is ascribed to as to why the petitioner is not pressing the petition any further today.

3. Bail petitions filed up to December 31, 2024 were assigned to this Bench by Hon'ble The Chief Justice in the month of February 2025.

4. The conduct of the petitioner permits an inference that, the petitioner is not pressing the bail as a means of Bench hunting.

5. On merits also, we do not find any material which allows the grant of bail to the petitioner.

6. Commercial quantity of contraband was seized from the possession of the petitioner.

7. Petitioner is unable to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985.

8. State will draw the attention of the Court of this conduct of the petitioner in Bench hunting should any prayer for bail is made by the petitioner hereafter.

9. In such circumstances, we are not inclined to grant bail to the petitioner.

10. Prayer for bail of the petitioner is rejected.

11. CRM(NDPS) 1923 of 2024 is dismissed.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)