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2025 DAILYLAW 40637 (CAL)

SHYAMSUNDAR DAS v. STATE OF WEST BENGAL

CRM (NDPS)/1151/2025 · 2025-09-24

Ajoy Kumar Mukherjee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.9.2025 akb Sl. 178 Ct.29 Rejected CRM (NDPS) No. 1151 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with NDPS Case No. 7 of 2025 arising out of Kharagpur G.R.P.S. Case No. 47 of 2025 dated 11.03.2025 under Section 20(b)(ii)(c)/29 of the NDPS Act, 1985. And In re: Shyamsundar Das … petitioner Mr. Debayan Sen Mr. Amit Halder …for the petitioner Mr. Suman De Mr. Tirthankar Dhali …for the State The prosecution case is that 24 kgs. of Ganja was recovered from the possession of the present petitioner. Learned Counsel appearing on behalf of the petitioner submits that the petitioner is in custody for about 190 days and the investigation has already been culminated into a charge sheet. In such circumstances, further detertion of the present petioner may not be required and as such he may be released on bail on any terms and conditions. He further submits that the petitioner is suffering from ‘Grade ‘II’ fatty liver and ‘Umbilical Hernia’. Learned Counsel appearing on behalf of the State opposed the bail prayer contending that commercial quantity of contraband was recovered from the joint possession of the petitioner and another co- accused and that investigation has already been ended. Having heard learned Counsel appearing on behalf of the petitioner and the State and that the petitioner failed to overcome the restrictions imposed under Section 37 of the NDPS Act, the prayer for bail is rejected. However, the Superintended, Midnapore Central Correctional 2 Home is directed to comply the directions made by the Trial Court regarding medical treatment of the accused vide its order dated 2nd September, 2025. The application, being CRM (NDPS) 1151 of 2025 is accordingly disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)