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Calcutta High CourtCRM (NDPS)/406/2026disposed

Ashok Ghosh @ Ashoke v. The State Of West Bengal

2026-03-24Hon'Ble Justice Tirthankar Ghosh3 pages

24.03.2026 Serial no. 17 [G.S.D] CRM (NDPS) 406 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 NDPS Case No. 91 of 2024 arising out of Baishnabnagar PS Case No. 1190 of 2024 dated 29.10.2024 u/s 21(c)/27A/29 of the NDPS Act, 1985.

-AndIn the matter of : Ashok Ghosh @ Ashoke ... ... Petitioner(s) Ms. Papia Bhowmick Mr. Avinaba Patra Mr. Dipayan Kundu ... for the Petitioner(s) Mr. Abhishek Sinha Mr. S. Haque ... for the State-respondent(s) Learned advocate for the petitioner submits that there has been change of circumstances, since, the petitioner was granted bail subsequently in another case arising out of Kaliachak PS Case No. 723 of 2024. Learned advocate further submits that the evidence of the case is not progressing, as such, the petitioner is unnecessarily detained in the present case.

Learned advocate for the State opposes the prayer for bail and draws the attention of the court to the earlier directions passed in CRM (NDPS) 4 of 2026.

Having considered that in the earlier order there were specific directions that the 'Petitioner would renew his prayer for bail after the evidence of the seizure list

witnesses are over', I am of the view that till sufficient opportunity is granted to the prosecution, there would be hardly any compliance of the earlier directions. The records speak that next dates are fixed on 27th April, 2026 and 28th April, 2026.

The prosecution is directed to pray for preponing of the evidence of the seizure list witnesses before the learned Special Court. The learned Special Court would on the next date fixed, try to complete the evidence of the seizure list witnesses.

In case, the seizure list witnesses are absent on the date so fixed, the learned trial court would release the petitioner on bail after the date so fixed.

With the aforesaid observations, CRM(NDPS) 406 of 2026 is disposed of.

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.)