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2026 DAILYLAW 46327 (CAL)

TUTUL MONDAL AND ANR. v. STATE OF WEST BENGAL

CRM (A)/3253/2026 · 2026-10-07

Debangsu Basak

body2026

Judgment text

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07.10.2026 Item No.25 Court No.37 (Bench ID-265691) CHC Allowed In The High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M.(A) 3253 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Tehatta Police Station Case No. 867 of 2025 dated 01.11.2025 under Sections 21(b)/22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 21/24(1) of The Immigration and Foreigners Act, 2025 and subsequently Charge Sheet submitted on 24.04.2026 being Charge Sheet No. 175 of 2026 dated 24.04.2026 under Sections 21(b)/22/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 and Sections 21/24(1) of the Immigration and Foreigners Act, 2025, pending before the Learned Judge Special Court, under NDPS Act, Nadia at Kkrishnagar. And In the matter of : Tutul Mondal & Anr. ...… petitioners Mr. Amanul Islam, Advocate Mr. Sourav Mukherjee, Advocate Mr. Gourav Roy, Advocate .…for the petitioners Mr. Rajendra Banerjee, Ld. A.P.P. Ms. Piyali Chatterjee, Advocate Ms. Sayanti Poddar, Advocate .…for the State 1. Memo of Evidence filed in Court be kept with the record. 2. On the prayer made on behalf of the petitioners, CRM(A) 3253 of 2026 is dismissed as not pressed so far as petitioner no.1 is concerned as stands arrested. 3. Police filed charge-sheet. 4. State opposes the prayer for anticipatory bail. 2 5. At this stage, materials in the case diary do not suggest nexus between the petitioner no.2 and the seized commercial quantity of narcotic. 6. In such circumstances, I am of the view that, petitioner no.2 is able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985. Moreover, petitioner no.2 is a lady. 7. In such circumstances, I grant anticipatory bail to the petitioner no.2. 8. Accordingly, I direct that in the event of arrest the petitioner no.2, namely, Tulu Bibi Mondal shall be released on bail upon furnishing a bond of Rs.10,000/-, with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, and on further condition that the petitioner no.2, namely, Tulu Bibi Mondal shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioner no.2 in court including cancelling the anticipatory bail granted without further reference to this Court. 9. This application for anticipatory bail is, thus, allowed. 3 10. CRM(A) 3253 of 2026 is disposed of. (Debangsu Basak, J.) CHINMOY CHAKRABORTY Digitally signed by CHINMOY CHAKRABORTY Date: 2026.10.07 18:57:58 +05'30'