Sribas Mondal@Seribas Mondal v. The State Of West Bengal

P a g e | 1 CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 420 of 2024 In Re:- An application for Bail under section 439 of the Code of Criminal Procedure filed on August 13, 2024 in connection with Falakata Police Station Case No. 184 of 2024 dated 02.05.2024 under Sections 18(b)/25/29 of the Narcotic Drugs & Psychotropic Substance (NDPS Case No. 23 of 2024).

And In the matter of : SRIBAS MONDAL @ SERIBAS MONDAL ......Petitioner Ms. Suman Sehanabis, Advocate Mr. Salok Sah, Advocate Ms. Anwesha Chakraborty, Advocate ......for the Petitioner Mr. Saikat Chatterjee, Advocate Mr. Chattu Roy, Advocate ......for the State 1.

The petitioner has been taken into custody on the statement TUESDAY COURT : 01 ITEM : 02 MATTER : 439 STATUS : ALLOWED BENCH ID : 1430 TRANSCRIBER : NANDY of the co-accused from whom the commercial quantity of contraband (opium) was recovered by the raiding team. The petitioner is in custody for nearly 130 days and the chargesheet has not yet been submitted. 2.

It is submitted by the Counsel for the State that the petitioner is a stockist of the contraband and the person from whom the contraband was recovered, disclosed the name and, thereafter, the petitioner has been apprehended. It is further submitted that the investigation is still in progress and the statutory period for submission of the charge-sheet has not expired as yet.

3.

We are conscious that a person has to pass the muster of Section 37 of the Narcotic Drugs & Psychotropic Substances Act provided the contraband above the commercial quantity is recovered from his possession and, there is no

P a g e | 2 explanation offered in this regard. We are further aware of the realities that the persons who are in the helm of SUCH affairs having a direct nexus should also be dealt with provided incriminating materials have been found and/or unearthed during the investigation. There is no link as of now established by the Investigating Officer except the statement of the co-accused which is not a reliable piece of evidence. Therefore, we do not think that any further custody of the petitioner is required for completion of the investigation.

4.

The prayer for bail is thus allowed.

5.

Accordingly, the petitioner namely Sribas Mondal @ Seribas Mondal, shall be released on bail upon furnishing a bond of Rs.25,000/- with two sureties of like amount, one of whom must be local, to the satisfaction of the learned Sessions Judge (under NDPS Act), Alipurduar with condition that he shall meet the Investigating Officer everyday between 10.00 am and 12.00 noon and shall also remain within the jurisdiction of Falakata Police Station and shall not depart therefrom without prior leave of the Investigating Officer until the charge-sheet is submitted.

6.

The application being CRM (NDPS) 420 of 2024 is disposed of.

(Harish Tandon, J) (Apurba Sinha Ray, J)