Jsim Miah@Jachhin Miya And ORS v. The State Of West Bengal

11.06.2025 Item no. 11.

Court No.2.

Rakib (Allowed) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (NDPS) 222 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 Pundibari Police Station Case No. 02 of 2025 Dated 01.01.2025 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Jasim Miah @ Jachhin Miya @ Jashim Mia & Ors.

......Petitioners.

Mr. Hillol Saha Poddar ......for the Petitioners.

Mr. Nilay Chakraborty, Ld. APP, Mr. Saikat Chatterjee.

......for the State.

Leave is granted to the learned advocate appearing for the petitioners to correct the name of the petitioner no.1 in the cause title.

Learned advocate appearing for the petitioners submit that from the custody of the petitioners about 20.235 Kgs. of contraband/ganja were recovered and they were arrested on 31.12.2024 and since then they are in custody. It has further been submitted that charge-sheet has already been submitted as such further detention of the petitioners are unwarranted.

Learned advocate appearing for the State opposes the prayer for bail and submits that there is every possibility of the accused persons fleeing away from the process of law, in case they are released on bail.

I have considered the stage of the case, the quantities of contraband seized as well as the number of persons involved in the offence as also some of the accused persons released on bail. Having regard to the same, I am of the view that the prayer for bail of the petitioners should be allowed. As such the petitioners would furnished bond to the satisfaction of the learned special Court in the form of two sureties of like amount each, one of whom must be local. It is clarified that the local surety must be an individual who would submit the title deed of property before the learned Special Court or to the Court so directed by the learned Special Court which would be retained till the end of the trial. The petitioners shall make themselves available as and when the dates are fixed by the learned trial Court and would cooperate with the trial of the case. In case there is any violation of the condition, the learned Special Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (NDPS) 222 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)