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2025 DAILYLAW 22736 (CAL)

AMIR SAHEL KHAN v. STATE OF WEST BENGAL

CRM (NDPS)/539/2025 · 2025-07-02

Ajoy Kumar Mukherjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.07.2025 46 SB Allowed C.R.M. (NDPS) 539 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection Kotwali Police Station case no. 41 of 2025 dated 12.1.2025 under Sections 20(b)/29 of the NDPS Act, 1985. And In the matter of : Amir Sahel Khan …. Petitioner Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. Rabia Khatoon Ms. June Modak …for the Petitioner Mr. Rudradipta Nandy Mr. Sujoy Sarkar ...for the State Petitioner submits that 137.4 kg of ganja was allegedly recovered from a vehicle and one Sunil Pramanick and another Selim Sha were found in the said vehicle. The name of the petitioner transpired from the co-accused namely, Sunil Pramanick but nothing was recovered from his possession. He further submits that the investigation has already been culminated into a charge-sheet and he is in custody for about 168 days and as such, he may be released on bail on any terms and conditions. Learned counsel for the State opposed the bail prayer but in his usual fairness, he submits that during investigation, nothing was recovered from his possession and one of the co-accused person has taken the name of the present petitioner. Having considered the submissions made on behalf of both the parties and that nothing was recovered from his possession of the present petitioner and that investigation has 2 already been culminated into a charge-sheet, I find that no fruitful purpose will be served by detaining the petitioner any further in the custody and also considering the fact that, rigour of Section 37 of the NDPS Act may not attract in respect of the present petitioner, the prayer for bail is allowed. Accordingly, the petitioner namely, Amir Sahel Khan shall be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, Nadia at Krishnanagar 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 number 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. The petitioner shall not leave the geographical limit of District of Nadia without taking leave from the court below and shall meet the Officer-in- charge, Kotwali Police Station once in a week until 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) 539 of 2025 is disposed of. 3 Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)