ITEM NO.5 COURT NO.13 SECTION II-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No.14970/2023
(Arising out of impugned final judgment and order dated 28-08-2023 in CRM (NDPS) No. 1449/2023 passed by the High Court of Calcutta Circuit Bench at Port Blair)
DEBRATA MONDAL Petitioner(s)
VERSUS
STATE OF WEST BENGAL Respondent(s)
Date : 15-02-2024 This petition was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE C.T. RAVIKUMAR
HON’BLE MR. JUSTICE RAJESH BINDAL
For Petitioner(s) Mr. Keshav Thakur, Adv.
Mr. Mahesh Prasad, Adv.
Ms. Palak Mathur, Adv.
Mr. Ritik Kumar, Adv.
Mr. Prithvi Thakur, Adv.
Ms. Aashi Gupta, Adv.
Mr. Priyanshu Pandey, Adv.
Mr. Alok K Prasad, Adv.
Mr. Rajesh Singh Chauhan, AOR
For Respondent(s) Mr. Sanjeev Kaushik, Adv.
Ms. Ripul Swati Kumari, Adv.
Ms. Astha Sharma, AOR
UPON hearing the counsel the Court made the following
O R D E R
1. The petitioner seeks to challenge the order dated 28.08.2023 passed by the High Court of Judicature at Calcutta in C.R.M. (NDPS) No.1449/2023.
2. The First Information Report No.19/2022 was registered against the petitioner at Police Station- Islampur, District-Murshidabad alleging commission of offence under Section 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the NDPS Act). In connection with the same, he was arrested on 10.01.2022. The application filed by the petitioner for bail was rejected by the Trial Court and then by the High Court.
2. Heard learned counsel appearing for the petitioner as also the learned standing counsel appearing for the respondent-State of West Bengal.
3. Going by the allegations, 290 bottles of phensedyl syrup was recovered from the possession of the petitioner and the co-accused. The fact is that the co-accused was enlarged on bail by the High Court. The petitioner is in custody since 10.01.2022. Taking into account the aforesaid aspects, we are of the considered view that the petitioner can be enlarged on bail, subject to the terms and conditions to be imposed by the Trial Court. Ordered accordingly.
In that regard, the petitioner shall be produced before the Trial Court, forthwith.
4. The Special Leave Petition stands disposed of, as above.
5. Pending application(s), if any, shall stand disposed of.
(VIJAY KUMAR) (MATHEW ABRAHAM)
COURT MASTER (SH) COURT MASTER (NSH)