Hasanuzzaman Mondal vs. State Of West Bengal
Original PDF →Facts
The petitioner, Hasanuzzaman Mondal, is seeking bail in connection with Raninagar Police Station Case No. 33 of 2026, registered under Sections 21(c) and 29 of the NDPS Act, 1985. The case involves the alleged recovery of 809 bottles of Triprolidine Hydrochloride Codeine Phosphate. The petitioner claims to hold a license for carrying out a pharmacy business and has submitted a GST invoice related to the seized items. The State was directed to verify the authenticity of this GST invoice, which was subsequently confirmed as genuine by the concerned drug office. The High Court considered this information in its decision.
Held
The Court held that further detention of the petitioner is unwarranted. This decision was based on the verification report submitted by the State, which confirmed the authenticity of the GST invoice provided by the petitioner. The Court considered the petitioner's submission that they are engaged in the business of pharmacy and that the GST invoice pertains to the seized items. The reasoning implies that the genuine nature of the invoice, coupled with the petitioner's business license, suggests that the seized goods might have a legitimate commercial origin, thereby weakening the case for continued pre-trial detention. The Court allowed the prayer for bail, directing the petitioner to be released upon furnishing a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each, with one surety being local. The petitioner is also required to appear on every date fixed by the Special Court and not leave the district of Murshidabad without prior intimation.
Key Issues
1. Whether the continued detention of the petitioner is warranted, considering the alleged recovery of 809 bottles of Triprolidine Hydrochloride Codeine Phosphate and the authenticity of the GST invoice submitted by the petitioner. (Mixed question of law and fact, turning on the interpretation of evidence and the provisions of the NDPS Act, 1985, particularly concerning bail). Petitioner's Contention: The petitioner argued that they possess a valid license for a pharmacy business and have provided a genuine GST invoice, suggesting the seized items were part of legitimate business operations. This implies that their detention may not be justified. State's Contention: The State was directed to verify the GST invoice. Their report confirmed the invoice's authenticity, which was a crucial piece of evidence considered by the Court. The State did not present any argument against the bail application beyond this verification.
Sections Cited
Section 439, Section 483, Section 21(c), Section 29
AI-generated summary — verify with the full judgment below
2026 Serial no. 479 [G.S.D]
CRM (NDPS) 395 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Raninagar Police Station Case No.33 of 2026 dated 13.01.2026 u/s 21(c)/29 of the NDPS Act, 1985. -And-
In the matter of : Hasanuzzaman Mondal
… … Petitioner(s)
Mr. Santanu Talukdar Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Raja Das
… for the Petitioner(s)
Mr. Bibaswan Bhattacharya Mr. Dipankar Paramanick
… for the State-respondent(s)
Learned advocate for the petitioner submits that the petitioner is having the licence of carrying out business of pharmacy. The subject-matter of the case for which the petitioner has been entangled is for alleged recovery of 809 bottles of Triprolidine Hydrochloride Codeine Phosphate. GST invoice is enclosed. Learned advocate for the State was directed to cross-check regarding the authenticity of the GST invoice which was sent to the concerned drug office by the investigating officer of the case and the same was found to be genuine.
2 Having considered the report submitted by the State, I am of the view that further detention of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Hasanuzzaman Mondal shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court under NDPS Act-cum- Additional Sessions Judge, 2nd Court, Berhampore, Murshidabad. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of Murshidabad without prior intimation to the learned Special Court. Accordingly, CRM (NDPS) 395 of 2026 is allowed. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)
3
Reproduced from the public record of the Calcutta High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.