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2026 DAILYLAW 41773 (CAL)

ELIAS MONDAL v. STATE OF WEST BENGAL

CRM (NDPS)/1793/2026 · 2026-09-18

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2026 Serial no. 276 [G.S.Das] Assistant Registrar (Court) CRM (NDPS) 1793 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 Sankrail PS Case no. 536 of 2024 dated 24.07.2024 corresponding to TR case no. 14 of 2024 u/s 20(b)(ii)(c) of the NDPS Act. -And- In the matter of : Elias Mondal … Petitioner(s) Mr. Sk. Toslim Ali … for the Petitioner(s) Mr. Guruds Mitra Mr. Utsav Dutta … for the State-respondent(s) The petitioner was arrested on 24.07.2024. The accusations against the present petitioner are of alleged recovery of 235 kg of ganja. Charge-sheet has already been submitted on 17th January, 2025; charges have been framed on 18.06.2025 but till date none of the witnesses have been examined. The peculiarity in the case is that after charges were framed in respect of the absconding accused, warrant has been issued and the same is pending for 14 months. Having considered that unnecessarily one of the accused is in custody, I direct the learned Special Court to complete the process relating to the other accused and fix 2 date(s) for examination of the independent witnesses being the CSW 2 and CSW 3. Having considered the quantum of seizure, I am not inclined to release the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Rejected. The petitioner would release his prayer for bail after the evidence of the CSW 2 and CSW 3 is complete. Accordingly, CRM (NDPS) 1793 of 2026 is dismissed. Pending application(s), if any, is also disposed of. State would communicate this order to the learned trial court for taking immediate steps. 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.) 3