Supreme Court - Daily Orders
Man Mandal vs The State Of West Bengal on 14 September, 2023
Author: M.M. Sundresh
Bench: M.M. Sundresh
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ITEM NO.1 COURT NO.16 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(s). 8656/2023
(Arising out of impugned final judgment and order dated 26-04-2023
in CRM (NDPS) No. 866/2023 passed by the High Court At Calcutta)
MAN MANDAL & ANR. Petitioner(s)
VERSUS
THE STATE OF WEST BENGAL Respondent(s)
(IA No. 135896/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT AND IA No. 135897/2023 - EXEMPTION FROM FILING O.T.)
Date : 14-09-2023 These matters were called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE M.M. SUNDRESH
HON'BLE MR. JUSTICE J.B. PARDIWALA
For Petitioner(s)
Mr. Praveen Swarup, AOR
Mr. Praveen Swarup, Adv.
Mr. Prakash Veer Singh, Adv.
Mr. Ameet Siingh, Adv.
Mr. Vinod Kumar Mantoo, Adv.
Mr. Ravi Kumar, Adv.
Mr. Devesh Maurya, Adv.
Ms. Pratishtha Majumdar, Adv.
Mr. Manoj Kumar Rajput, Adv.
For Respondent(s)
Mr. Srisatya Mohanty, Adv.
Ms. Astha Sharma, AOR
Signature Not Verified
UPON hearing the counsel the Court made the following
O R D E R
Digitally signed by Deepak Singh Date: 2023.09.14 15:39:08 IST Reason:
1. This petition seeking bail has been filed by the petitioners, who have been arrested as an accused in FIR No. 2 458 of 2021 registered at Ratninagar, District Murshidabad for the offence punishable under Section 439 of the Code of Criminal Procedure, 1973 and Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “NDPS Act”).
2. Learned counsel for the petitioners submitted that the petitioners have been incarcerated for a period of almost two years and the trial is not likely to be taken up for hearing in the immediate near future.
4. It is further submitted that in similar cases other persons have been granted bail by this Court.
5. Learned counsel appearing for the State submitted that in view of the statutory restrictions under Section 37 of the NDPS Act and the quantity being commercial in nature, the present special leave needs to be dismissed.
6. Taking into consideration the fact that the petitioners have been incarcerated for a period of almost two years and the trial is not likely to be taken up for hearing in the immediate near future, we are inclined to grant bail to the petitioners.
7. The petitioners are directed to be released on bail in connection with aforesaid FIR, on such terms and conditions as may be imposed by the Trial Court.
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8. The special leave petition is disposed of accordingly.
9. Pending applications, if any, stand disposed of.
(DEEPAK SINGH) (RAM SUBHAG SINGH) COURT MASTER (SH) COURT MASTER (NSH)