22.05.2025 Sl. no. 95 Ct. No. 29 P.M. (Allowed) C.R.M. (NDPS) 484 OF 2025 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 242 of 2022 arose out of NCB Crime No. 32/NCB/Kol/2022 dated 16.12.2022 under Sections 8(c) r/w 21(c) and 29 of NDPS Act. And In the matter of : Abu Samad Mondal @ Mandal. …. Petitioner Mr. Arushi Rathore …. For the petitioner Mr. Gauranga Kr. Das, Mr. Manabendranath Bandyopadhyay … for the Union of India Report submitted by Union of India is taken on record. It is submitted on behalf of the petitioner that 1170 bottles Phensedyl cough syrup containing codeine phosphate was allegedly recovered from the house of the petitioner. Petitioner is in custody for about two years five months . Petitioner further submits that he preferred an application before the Supreme Court and while his prayer for bail was rejected by the Court by an order dated 19.02.2024 in CRM (NDPS) 316 of 2024, liberty was given to him to move the application for bail later in case the trial has not proceeded any further, subject to the cooperation of the petitioner in the ongoing trial. He further submits that thereafter since the trial did not start, she preferred another application for bail before this High Court on 04.09.2024 and this Court, though rejected his bail prayer but considering the fact that the petitioner is in custody for about 1 year 9 months directed the Trial Court to expedite the trial to the fullest extent and to conclude the same at an early date but positively within six months from the date of communication of the order by the parties. It is submitted that the order was communicated to the trial court but in spite of that till today recording of evidence has not been started and not a single witness has been examined so far. Accordingly he prays for bail on any terms and conditions. Learned counsel appearing on behalf of the Union of India opposed the bail prayer but he also admits that the evidence could not be started as yet, though he submitted that it will be started soon. He further submits that the prosecution proposes to examine seven witnesses. Having considered the submissions made on behalf of the petitioner and the Union of India and that the petitioner is in custody for about 2½ years and that in spite of specific direction made by the Supreme Court and also by this High Court to conclude trial within time limit, and that court below in spite of such direction failed to act in accordance with such direction and that delay has not been attributed to the petitioner by the prosecutor, the bail prayer made by the petitioner is allowed only on the touchstone of Article 21 of the Constitution of India. The petitioner namely Abu Samad Mondal @ Mandal shall be released on bail upon furnishing a Bond of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, of which one must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone numbers to the local police Station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. Petitioner shall not leave the geographic limit of Murshidabad District without leave of the trial Court and also on condition that they will report to the Domkal P.S. once in a week till further order.. The Court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this Court. Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case. Accordingly CRM (NDPS) 484 of 2025 stands disposed of. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)