Bapon Ghosh @ Babon Ghosh v. Union Of India
02.04.2026 Serial no. 8 [G.S.D] CRM (NDPS) 408 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. 126 of 2021 arising out of NCB Crime No. 22/NCB/KOL/2021 dated 01.07.2021 u/s 8(c) read with Sections 21(c)/29 of the NDPS Act.
-AndIn the matter of : Bapon Ghosh @ Babon Ghosh ... Petitioner(s) Mr. Tapodip Gupta Mr. Suman Bhanja ... for the Petitioner(s) Mr. Arun Kumar Maiti (Mohanty) Ms. Sumita Sarkar ... for the NCB Learned advocate for the petitioner submits that the petitioner is in custody for three years eight months and, till date, six witnesses have been examined out of the proposed 8//9 witnesses.
Learned advocate for the NCB submits that the in the month of March, 2026, although, the witnesses were available but because of the present administrative crisis, either the Presiding Officer was not present in court or the witnesses having knowledge that the Presiding Officer is not available did not appear before the Court.
Having considered the above, as a matter of last chance, three months' time is granted to the Superintendent of NCB to complete all the prosecution witnesses. It is also
contended that dates have been fixed on 2nd and 3rd June, 2026. The Superintendent, NCB will personally monitor the presence of the witnesses on the said date and on the next date fixed.
At this stage, considering the stage of the case, I am not inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Rejected.
The petitioner would renew his prayer for bail after the period of three months is over.
The next report to be submitted by the NCB before this court would be by the Superintendent, NCB. Let, learned advocate for the NCB will communicate this order to the learned Special Court within a fortnight from date.
Accordingly, CRM(NDPS) 408 of 2026 is dismissed. Pending application(s), if any, is also 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.)