Bijoy Biswas And ANR. v. State Of West Bengal And ANR

20.04.2026 Serial no. 40 [G.S.D] CRM (NDPS) 684 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 Ghola Excise Seizure List No. 49 of 2018 dated January 17, 2018 u/s 8(c) read with Sections 20(b)(ii)(C)/27A/29 of the NDPS Act..

-AndIn the matter of : Bijoy Biswas &Anr.

... ... Petitioner(s) Mr. Anindya Ghosh Ms. Susmita Sarkar ... for the Petitioner(s) Mr. Ranadeb Sengupta Ms. Jonaki Saha ... for the State-respondent(s) Learned advocate for the petitioners submits that the petitioner has been implicated on the accusation of alleged recovery of 203 kg of ganja. The case commenced in the year 2018, the petitioner was released on bail after three years four months. Thereafter, the said bail was cancelled. The petitioners challenged the said order of bail before the Hon'ble Supreme Court which was affirmed and time period was granted by the Hon'ble Apex Court to conclude the trial within a period of six months. The petitioners thereafter surrendered but till date the trial is continuing and the petitioners are in custody, as a whole, for six years four months.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that pursuant to the Judgment passed by the Hon'ble Apex Court, the petitioner surrendered after one year; four witnesses have been examined and the prosecution proposes to examine three more witnesses in support of its case. It is also contended that last witness has been examined in the month of February, 2026. Learned advocate also added that because of the administrative assignment, the trial court was not available, as such, trial could not proceed and next date has been fixed in the month of June, 2026.

Having considered the same, the learned trial court is directed to complete rest of the three witnesses within 60 days from 3rd June, 2026. In case, inspite of cooperation of the accused person(s), the evidence of the three witnesses is not complete, the learned trial court would release the petitioners on bail and, if required, impose any other condition(s) as it deems fit and proper for ensuring further appearance of the present petitioners.

No further adjournment be granted to either of the parties and the trial of the case would continue inspite of any resolution of the local Bar.

With the aforesaid observations, CRM (NDPS) 684 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.)