Calcutta High Court
CRM (NDPS)/1991/2026 of MUR SELIM MONDAL @ MUR SELIM MANDAL Vs STATE OF WEST BENGAL on 24 September 2026
Court No.35. D/L. 412. Kausik (Rejected) CRM (NDPS) 1991 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Hogolberia Police Station Case No. 52/25 dated 22.02.2025
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24.09.2026 Court No.35. D/L. 412. Kausik (Rejected)
CRM (NDPS) 1991 of 2026
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Hogolberia Police Station Case No. 52/25 dated 22.02.2025 under sections 21(c)/25/29 of the NDPS Act, 1985 and Sections 338/340(2) of the BNSS, 2023.
And In the matter of : Mur Selim Mondal @ Mur Selim Mandal
……Petitioner.
Mr. Sumanta Chakraborty
Ms. Tanisha Parua
……for the Petitioner.
Mr. Rajendra Banerjee, Ld. APP Ms. Piyali Chatterjee Mr. Soumalya Dutta
……for the State.
Learned advocate appearing for the petitioner submits petitioner is owner of the vehicle who has been foisted with a criminal case wherein seizures were effected to the extent of 3,900 bottles of Codeine Mixture. Petitioner is in custody for 8 months.
Learned advocate further submits that there were violations under Section 52A and recovery was from the driver but the petitioner being the owner of the vehicle has been implicated.
State submits that when the seizure was effected from the vehicle, the number of vehicle was WB 02P 5045. On
2 inspection of the vehicle, the motor vehicle inspector found that the same was a fake number plate and comparing the same with the chasis number and the engine number the vehicle number in the motor vehicle records were found to be WB 06 T 7602. Consequently the owner’s name was found to be that of the petitioner.
Having considered the manner in which the vehicle was used for trafficking of contraband, I am of the opinion that the owner’s responsibility at this stage cannot be thrown away, as such the rigors of Section 37 of the NDPS Act is attracted.
Accordingly, prayer for bail of the petitioner in CRM (NDPS) 1991 of 2026 is rejected.
Memo of Evidence submitted be kept with the record.
All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)