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2025 DAILYLAW 35475 (CAL)

ASHOK v. STATE OF WEST BENGAL

CRM (NDPS)/982/2025 · 2025-09-17

Ajoy Kumar Mukherjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.09.2025 Sl. no. 196 Ct. No. 29 P.M. (Allowed) C.R.M. (NDPS) 982 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. 10 of 2025 arising out of Kotwali Police Station Case No. 186 of 2025 dated 14.02.2025 under Sections 25/25A/26/9A of the NDPS Act. And In the matter of : Ashok. …. Petitioner Md. Wasim Akram, Ms. Sabrina Parveen …. For the petitioner Mr. Madhusudhan Sur, Ld. APP, Ms. Baishakhi Chatterjee … for the State Prosecution case is that 492.5 k.g. of Acetic Anhydride was recovered from the possession of the three persons and the present petitioner was found as khalasi in the vehicle. Learned counsel appearing on behalf of the petitioner submits that substance which was allegedly recovered from the possession of the petitioner is a controlled substance under Section 25A read with Section 9A of the NDPS Act and does not attract the rigour of Section 37 of the NDPS Act. He further submits that the investigation has already been culminated into a charge sheet and though charge has been framed but prosecution could not examine a single witness till date. Accordingly he submits that it is uncertain as to when the trial would be concluded and as such he may be released on bail on any terms and conditions. Petitioner in support of his bail prayer has also relied upon an order of this court passed in CRM (NDPS) 1375 of 2022 dated 23rd November, 2022. Mr. Madhusudan Sur, learned counsel appearing on behalf of the State opposed the bail prayer but he submits that the substance which was recovered from the possession of the petitioner comes within controlled substances. Having heard the submissions made on behalf of both the parties and that the investigation has already been culminated into a charge sheet and the trial already started and considering the nature of allegation levelled against the present petitioner, I find that further detention of the present petitioner will not yield any fruitful result and as such the prayer for bail is allowed. The petitioner namely Ashok 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, Krishnagar 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 Nadia District without leave of the trial Court and also on condition that he will report to the I.C./O.C. Kotwali 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) 982 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.)