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Calcutta High CourtCRM (NDPS)/383/2026allowed

Palash Chowhan @ Palash Chouhan v. State Of West Bengal

2026-03-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.03.2026 Court No.35.

D/L.06 Rakib (Allowed) CRM (NDPS) 383 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 Patiram Police Station case no. 187 of 2024 dated 05.07.2024 under Sections 20(b)(ii)(B) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Palash Chowhan @ Polash Chouhan. ......Petitioner.

Mr. Kaushik Choudhury Mr. Dwaipayan Panda ......for the Petitioner.

Mr. Joydeep Roy Mr. Nirupam Dhali ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner surrendered before the learned Special Court and has been taken into custody and since then he is detained for more than two months. The subject matter of the case according to the learned advocate involves intermediate quantity i.e. 10.241 kgs of ganja. Learned advocate for the State opposes the prayer for bail and submits that after the anticipatory bail was rejected, petitioner after about one and half years surrendered before the learned trial Court/Special Court. Other accused persons are absconding and prior to the present incident there is another case under the NDPS Act so far as the present petitioner is concerned. I have taken into account the objections raised by the learned advocate for the State, however, it has been also submitted that prosecution intends to examine 16 witnesses.

Having considered the time period which would be consumed in the trial and other accused persons are still absconding, I am of the view that having regard to the quantum of seizure in the present case the petitioner should be released on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, petitioner namely, Palash Chowhan @ Polash Chouhan 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 Special Court under NDPS Act cum ADJ, 3rd Court, Dakshin Dinajpur, Balurghat. If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial Court and shall not leave the jurisdiction of District of Dakshin Dinajpur without the prior permission of the learned Special Court.

Accordingly, the prayer for bail in CRM (NDPS) 383 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.)