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2026 DAILYLAW 42259 (CAL)

KABIJUL MONDAL v. STATE OF WEST BENGAL

CRM (NDPS)/1900/2026 · 2026-09-18

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.09.2026 Court No.35. M/L.292. Rakib (Rejected) CRM (NDPS) 1900 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj Police Station Case no. 809 of 2024 dated 17.09.2024 under Sections 21(c)/25/27A/28/29 of the NDPS Act. And In the matter of : Kabijul Mondal ……Petitioner. Mr. Sourav Chatterjee, Sr. Adv, Mr. Santanu Talukdar Mr. Priyankar Ganguly Mr. Amaan Deep Gupta Ms. Pippasa Chakraborty ......for the Petitioner. Mr. Kallol Mondal, Ld. PP Mr. Aditya Tiwari Ms. Namrata Chatterjee ……for the State. Learned senior advocate appearing for the petitioner has drawn the attention of the Court to the certain documents which are very disturbing. However, since the cross-examination of the investigating officer is about to commence, at this stage, the Court refrain passing any comments over the same. It has been further contended that none of the substances recovered in this case are narcotic substances but are controlled substances. In fact, in respect of one of the substances seized the chemical examiner’s report turned down the same to be a contraband. According to the petitioner hardly there are materials to connect him with the offence. However, the investigating authorities 2 by their overt acts have implicated the present petitioner who is unnecessarily detained for one year eleven months. Learned advocate appearing for the State submits that the case is at the advance stage, all the witnesses have been examined, even the examination-in-chief of the investigating officer is over and the cross-examination of the investigating officer is only left. Only on the last occasion the investigating officer could not make himself present. Having considered the rhythm with which the trial is progressing, I am of the opinion bail at this stage would disturb the same. However, this will not be a ground to stretch out whole of the proceedings. In view of the final stage of the case, learned trial Court would expedite the process and within a reasonable period of time conclude the same. With the aforesaid observations, CRM (NDPS) 1900 of 2026 is dismissed. Memo of evidence submitted by the State be kept with the record. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)