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Calcutta High CourtCRM (NDPS)/93/2026disposed

Rahul Das And ANR. v. State Of West Bengal

2026-01-20Hon'Ble Justice Tirthankar Ghosh2 pages

20.01.2026 Court No.35.

D/L. 44.

Kausik CRM (NDPS) 93 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 Berhampore Police Station Case No. 1608 of 2025 dated 19.07.2025 under section 21(c)/29 of the NDPS Act, 1985.

And In the matter of : Rahul Das & Anr.

......Petitioners.

Mr. Arnab Chatterjee Mr. Aminur Rahaman ......for the Petitioners.

Mr. Rahul Ganguly ......for the State.

Learned advocate for the petitioners submit that petitioners have been implicated in connection with the instant case for alleged recovery of 340 bottles of Phensedyl. Both the petitioners are in custody for 7 months and the case was delayed because of another accused person evading the process of law.

Learned advocate for the State opposes the prayer for bail and submits that another accused person is absconding. On the other hand, learned advocate for the petitioners submits that after the execution return of warrant, proclamation and attachment was received by the learned Trial Court, Charges have been framed by the learned Trial Court so far as the present petitioners are concerned.

Having considered the submissions advanced by the petitioners, I direct that in case charges have been framed against the present petitioners they may be released on bail subject to such terms and conditions the learned Trial Court deems fit and proper for the purposes of ensuring their appearance in course of the trial.

With the aforesaid observations CRM (NDPS) 93 of 2026 is disposed of.

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.)