Pawan Jaiswal v. State Of West Bengal

16.04.2026 Ct. 35/sl 295 CRM (NDPS) 523 of 2026 tkm/TN In Re : An application for bail under Section 483 of the BNSS 2023 in connection with Sankrail PS case no. 742 of 2024 dated 27.09.2024 under Sections 21(C)/29 adding Section 22(C) of the NDPS Act. And In Re : Pawan Jaiswal ........ petitioner Allowed Mr. Sekhar Basu, Sr. Adv., Md. Wasim Akram, Ms. S. Parveen ..... for the petitioner Mr. Joydip Biswas, Ms. Debjani Shaw ..... for the State 1.

Report filed by the State be kept on record.

2.

The subject matter of the present case related to initial recovery of 52,000 litres of "Wirof-T" cough syrup and "Wiscof" cough syrup. Pursuant to such recovery, five persons, namely, Papai Dhara, Somya Mullick, Rahul Das, Md. Daddul and Rudal Singh. The said persons were subsequently granted bail in CRM (NDPS) 247 of 2025. It has been submitted that so far as the 52,000 litres of cough syrup which were recovered from inside the godown and in a Tata pick up truck, for the same one Debabrata Das was implicated who is the proprietor of M/s Advanced Health Care and was possessing a licence. The said Debabrata Das prayed for anticipatory bail which was granted by a Division Bench as on a valid licence to deal with the drugs, cough syrup was stored. To that effect, there are observations and findings in CRM (A) 4179 of 2024. So far as the present petitioner is concerned, the petitioner was arrested

subsequently on 24.11.2024 and there was alleged recovery of 110 plastic bottles of Wirof-T cough syrup. As there are prima facie findings of the Division Bench while granting anticipatory bail to the said Debabrata Das being proprietor of M/s Advanced Health Care and the seizure in the present case was an off-suit of the investigation which commenced and there is finding regarding the legality/authenticity of such storage, I am of the opinion that seizure from the present petitioner is restricted to only 110 bottles of Wirof-T cough syrup. As such, considering the period of detention of the present petitioner since 24th November, 2024 and that only 1 witness has been examined out of the cited 20 witnesses in the charge sheet and taking into account the previous orders as well as the order of rejection in Special Leave to Appeal (Crl) 20150 of 2025 which was passed on 28.01.2026, I am inclined to grant bail to the petitioner as there is hardly any scope of the trial being taken to its logical conclusion.

3.

Accordingly, the petitioner namely Pawan Jaiswal be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Judge, Special Court (NDPS), 3rd Court, Howrah. If on bail, the petitioner shall be physically present on each and every date of hearing before the learned Special Court and shall not leave the district of Kolkata and Howrah without prior permission of the trial court.

4.

In the event he fails to appear before the trial court without justifiable cause, the trial court shall be at liberty to cancel his bail automatically without reference to this court. 5.

With the aforesaid observation, CRM (NDPS) 523 of 2026 is allowed.

(Tirthankar Ghosh, J.)