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2026 DAILYLAW 12752 (CAL)

SARIKUL MONDAL v. STATE OF WEST BENGAL

CRM (NDPS)/745/2026 · 2026-04-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.04.2026 Serial no. 76 [G.S.D] CRM (NDPS) 745 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 11 of 2025 arising out of Kaliganj Police Station Case No. 84 of 2025 dated 24.01.2025 u/s 21(c) of the NDPS Act, 1985. -And- In the matter of : Sarikul Mondal … … Petitioner(s) Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Shalini Bairagi Mr. Amman Deep Gupta Ms. Sneha Ghosh Ms. Pipasa Chakraborty … for the Petitioner(s) Mr. Avishek Sinha Ms. Sonali Bhar … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for one year three months and the subject-matter of the case relates to alleged recovery of 299 gm of heroin. Learned advocate added that out of the 13 witnesses, six witnesses have already been examined. Learned advocate draws the attention of the court to the evidence of the independent seizure list witnesses being the P.W.4 and P.W.5. Both the independent seizure list witnesses have been declared hostile and the cross- examination is also a subject of consideration to be taken by the learned trial court in future. Additionally, it is stated that 2 seven more witnesses are to be examined, as such, he prays that the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail. I have taken into account the period of detention of the present petitioner and the evidence of the available witnesses. Having considered the same and the fact that some time will be consumed for taking the trial to its logical conclusion, I am of the view that further incarceration of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Sarikul Mondal shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned Special Court (NDPS Act), Krishnagar, Nadia. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special Court/trial court and shall not leave the district of Nadia without prior intimation to the learned Special Court/trial court. Accordingly, CRM (NDPS) 745 of 2026 is allowed. 3 Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.)