Subha Sarkar @ Puchu v. State Of West Bengal

24.03.2026 Court No.35.

D/L. 39.

Kausik (Allowed) CRM (NDPS) 429 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 Hili Police Station Case No. 130 of 2025 dated 22.06.2025 under Sections 21(c)/22(c)/23(c)/27A/28 of the NDPS Act, 1985 read with section 27a/27(b)(ii)/27A of the Drugs and Cosmetics Act. And In the matter of : Subha Sarkar @ Puchu ......Petitioner.

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

Mr. Sanjoy Bardhan Ms. Rita Datta ......for the State.

Learned advocate appearing for the petitioner submits that petitioner has been arrested on the basis of alleged recovery of 120 bottles of Wincerex Cough Syrup. Petitioner is in custody for 9 months and although, charge sheet has been submitted but as other accused persons are absconding, harsher process of law has been issued against them and date has been fixed for execution return. Learned advocate for the State opposes the prayer for bail and submits that there are Call Data Records which would reflect communication between the petitioner and the absconding accused.

I have taken into account the submissions of the respective parties as also the fact that the charge sheet refers to 18 witnesses. Having considered that there is no possibility of the trial being completed in near future, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed.

Accordingly, Petitioner, namely, Subha Sarkar @ Puchu shall furnish 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 Learned Special Judge (under NDPS Act) cum Additional District Judge, 3rd Court, Dakshin Dinajpur at Balurghat. If on bail 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, CRM (NDPS) 429 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.)