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Biswajit Mondal @ Biswajit Mandal vs The State Of West Bengal on 14 February, 2023

Bench: Sanjay Kishan Kaul, Aravind Kumar

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                         CRIMINAL APPEAL @ SLP(Crl.) No.11731/2022




                                       IN THE SUPREME COURT OF INDIA
                                         CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL APPEAL NO.450 /2023
                                 (Arising out of SLP(Crl.) No.11731/2022)

                                BISWAJIT MONDAL
                                @ BISWAJIT MANDAL                           Appellant(s)

                                                                 VERSUS

                                THE STATE OF WEST BENGAL                     Respondent(s)

                                                         O R D E R

Leave granted.

The appellant seeks enlargement on bail in FIR No.303/2021 under Sections 21(c)/29 of the NDPS Act. The appellant has undergone a sentence of about 1½ years. The trial has just begun and no other criminal antecedents qua the aforesaid act of drug use. The material detected is the medicine Codenine but of 10 litres.

Taking into consideration the period of sentence undergone by the appellant and all the attending circumstances but without expressing any views on the merits of the case, we are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the trial Court.

Digitally signed by ASHA SUNDRIYAL Date: 2023.02.14 17:38:30 IST Reason:  2 CRIMINAL APPEAL @ SLP(Crl.) No.11731/2022 We may note that according to the respondent-State, the appellant’s residence was near the border and thus, it will be for the trial Court to impose any further conditions as may be deemed proper arising from the same. Apart from any other condition, the appellant will continue to report at the local Police Station on the first Monday of every month in the forenoon.

The appeal stands disposed of.

....................J. [SANJAY KISHAN KAUL] ....................J. [MANOJ MISRA] ...................J. [ARAVIND KUMAR] NEW DELHI, FEBRUARY 14, 2023.

CRIMINAL APPEAL @ SLP(Crl.) No.11731/2022 ITEM NO.9 COURT NO.2 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). 11731/2022 (Arising out of impugned final judgment and order dated 30-09-2022 in CRM (NDPS) No. 1169/2022 passed by the High Court At Calcutta) BISWAJIT MONDAL @ BISWAJIT MANDAL Petitioner(s) VERSUS THE STATE OF WEST BENGAL Respondent(s) Date : 14-02-2023 This petition was called on for hearing today. CORAM :

HON'BLE MR. JUSTICE SANJAY KISHAN KAUL HON'BLE MR. JUSTICE MANOJ MISRA HON'BLE MR. JUSTICE ARAVIND KUMAR For Petitioner(s) Mr. Praveen Swarup, AOR Mr. Devesh Maurya, Adv.

Ms. Payal Swarup, Adv.

Ms. Pareena Swarup, Adv. Mr. Ameet Siingh, Adv.

Ms. Pratishta Majmudar, Adv.

For Respondent(s) Ms. Astha Sharma, AOR Mr. Ravinder Singh, Adv. Mr. Srisatya Mohanty, Adv. Ms. Raveesha Gupta, Adv. Mr. Sanjeev Kaushik, Adv. Ms. Mantika Haryani, Adv. Mr. Shreyas Awasthi, Adv. Mr. Himanshu Chakravarty, Adv. Mr. Devvrat Singh, Adv.

Ms. Muskan Surana, Adv.

UPON hearing the counsel the Court made the following O R D E R Leave granted.

The appellant is granted bail on terms and conditions to the satisfaction of the trial Court.

The appeal stands disposed of in terms of the signed order.

Pending application, if any, stands disposed of.

(ASHA SUNDRIYAL) (POONAM VAID) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH) [Signed order is placed on the file]