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[Cites 8, Cited by 0]

Calcutta High Court (Appellete Side)

Mahammad Ansari @ Mintu @ Mahammad vs Tahajul Mondal @ Kota & Anr on 24 March, 2025

Author: Debangsu Basak

Bench: Debangsu Basak

24.03.2025
DL-21 to 25
Court No.26                      CRM (NDPS) 293 of 2024

  (SD)
              In re : An application for bail under Section 439 of the Code of
              Criminal Procedure, 1973 in connection with NDPS Case No.255
              of 2021 arising out of Berhampore           Police Station Case
              No.1334 of 2021 dated 18.11.2021 under Sections 22(C)/29 of
              the Narcotic Drugs and Psychotropic Substances Act, 1985.

                                         -And-

              In the matter of : Mahammad Ansari @ Mintu @ Mahammad
              Ansary Mandal @ Mohammad Ansari Mondal.
                                                       ... ...petitioner

                 Mr. Navanil De, Advocate
                 Mr. S. Majumder
                                        ... for the petitioner

                 Mr. Rudradipta Nandy, Ld. APP
                 Mr. B. Panda, Advocate
                 Ms. Baisakhi Chatterjee, Advocate
                 Mr. Mainak Gupta, Advocate
                                         ... for the State

                                         With
                                CRM (NDPS) 2017 of 2023

              In re : An application for bail under Section 439 of the Code of
              Criminal Procedure, 1973 in connection with NDPS Case No.242
              of 2021 arising out of Domkal Police Station Case No.655 of
              2021 dated 01.11.2021 under Sections 21(c)/29 of the Narcotic
              Drugs and Psychotropic Substances Act, 1985.

                                         -And-

              In the matter of : Tahajul Mondal @ Kota & Anr.
                                                          ... ...petitioners

                 Mr. Navanil De, Advocate
                                        ... for the petitioners

                 Mr. Rudradipta Nandy, Ld. APP
                 Mr. Mainak Gupta, Advocate
                                        ... for the State

                                         With
                                 CRM (NDPS) 295 of 2024

              In re : An application for bail under Section 439 of the Code of
              Criminal Procedure, 1973 in connection with NDPS Case No.76
              of 2021 arising out of English Bazar Police Station Case
                         2




No.1065 of 2021 dated 27.08.2021 under Sections 21(c)/29 c
of the Narcotic Drugs and Psychotropic Substances Act, 1985.

                            -And-

In the matter of : Md. Ashim Aktar
                                                 ... ...petitioner

   Mr. Navanil De, Advocate
                          ... for the petitioners

   Mr. Rudradipta Nandy, Ld. APP
   Mr. A. Ganguly, Advocate
   Mr. M. Sharma, Advocate
                          ... for the State
                            With
                  CRM (NDPS) 445 of 2024

In re : An application for bail under Section 439 of the Code of
Criminal Procedure, 1973 in connection with NDPS Case No.41
of 2022 arising out of Bhimpur Police Station Case No.203 of
2022 dated 31.05.2022 under Sections 20(B)(ii)(C)/29 of the
Narcotic Drugs and Psychotropic Substances Act, 1985.

                            -And-

In the matter of : Ajay Sahani @ Ajoy Sahani
                                              ... ...petitioner
   Mr. Navanil De, Advocate
                          ... for the petitioners

   Mr. Rudradipta Nandy, Ld. APP
   Mr. Mainak Gupta, Advocate
                          ... for the State

                           With
                   CRM (NDPS) 89 of 2024

In re : An application for bail under Section 439 of the Code of
Criminal Procedure, 1973 in connection with NDPS Case No.26
of 2022 arising out of Chakulia Police Station FIR No.68 of
2022 dated 22.03.2022 under Section 21(c) of the Narcotic
Drugs and Psychotropic Substances Act, 1985 read with
Sections 25/35 of the Arms Act.
                            -And-

In the matter of : Mahananda Majumdar
                                                 ... ...petitioner

   Mr. Navanil De, Advocate
                          ... for the petitioner

   Mr. Rudradipta Nandy, Ld. APP
   Mr. Avishek Saha, Advocate
                          ... for the State
                               3




1.

The reports submitted in Court pursuant to the order dated March 10, 2025 be taken on record.

2. In these police cases, police personnel who arrested the accused, apparently could not identify those accused at the trial. Noticing such conduct, Coordinate Bench required certain reports from the State.

3. The report today speaks of claiming certain punishment being imposed by the disciplinary authority against the police personnel involved.

4. State will submit a report on the following:-

(i) The number of police cases in which the individual police personnel were involved whether as a raiding party or otherwise.
(ii) The number of police cases in which such police personnel adduced evidence on behalf of the prosecution.
(iii) The number of police cases in which the police personnel failed to recognize the accused at the trial.

5. List the applications before the appropriate Court on April 16, 2025.

(Debangsu Basak, J.) (Smita Das De, J.)