Subhash Sarkar And ANR. v. State Of West Bengal

19.02.2026 Court No.35.

D/L.201 Rakib (Allowed) CRM (NDPS) 293 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gopalnagar Police Station case no. 440 of 2025 dated 17.07.2025 under Sections 21(C)/25/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Subhash Sarkar & Anr.

......Petitioners.

Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha ......for the Petitioners.

Mr. Anand Keshari Mr. Soumadip Saha ......for the State.

Learned advocate for the petitioners submits that petitioners are in custody for about seven months and the subject matter of the case involves recovery of 137 bottles of codeine mixtures from the joint possession of the petitioners.

Learned advocate for the State opposes the prayer for bail and submits that charges have already been framed and the prosecution would rely upon 16 witnesses to prove its case. Having considered that there is hardly any possibility of the trial concluding in near future, I am inclined to release the petitioners on bail. Accordingly, the prayers for bail of the petitioners are allowed.

As such, petitioners namely, Subhash Sarkar and Swarnadip Biswas shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand only) each, 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 learned Additional Sessions Judge, 6th Court, Barasat, North 24 Parganas.

If on bail, the petitioners shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of North 24 Parganas without the prior permission of the learned Special Court. Accordingly, the prayer for bail in CRM (NDPS) 293 of 2026 is allowed.

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.)