Bablu Sarkar v. State Of West Bengal
20.04.2026 Court No.35.
D/L. 28.
Kausik (Allowed) CRM (NDPS) 672 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 Daulatabad Police Station Case No. 236 of 2025 dated 3rd August, 2025 under section 21(C)/29 of the NDPS Act.
And In the matter of : Bablu Sarkar ......Petitioner.
Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Debolina Roy ......for the Petitioner.
Mr. Antarikhya Basu Mr. Bikram Mitra ......for the State.
The subject matter of the present case relate to initial recovery of 2800 bottles of Phensedyl from a vehicle. Subsequently, another 401 bottles of Phensedyl were recovered from the shop of the present petitioner. It has been pointed out that the said shop is a garment shop.
Learned advocate for the petitioner submits, petitioner is in custody from 8th September, 2025 and the prosecution has relied upon 21 witnesses in order to prove its case, out of which 4 witnesses have been examined.
Learned advocate for the State opposes the prayer for bail and submits that there has been huge recovery initially
from the vehicle and the documents reflect that the vehicle belong to the son of the present petitioner. There are communications between the owner of the said vehicle as well as the present petitioner at the relevant point of time and the police authorities, on further progress of the investigation, recovered another 401 bottles of Phensedyl which implicates the petitioner and his son.
Learned advocate for the petitioner has also relied upon the evidence of the seizure list witnesses. 4 of the seizure list witnesses have been examined. Although the said witnesses have not been declared hostile by the prosecution, but all the seizure list witnesses have, in their examination-in-chief, stated that they knew nothing about the facts of the case and all the documents were signed at the police station.
Having considered that the rigors of Section 37 of the NDPS Act is diluted to some extent, I am inclined to release the petitioner on bail.
Accordingly, Petitioner, namely, Bablu Sarkar 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 Judge, Special Court under NDPS Act cum Additional District Judge, 5th Court at Berhampore, Murshidabad.
If on bail, petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not
leave the jurisdiction of District of Murshidabad without the prior permission of the learned Special Court. Additionally, petitioner will meet with the Inspector-inCharge of Daulatabad Police Station once in every 10 days till further orders of this court.
Accordingly, CRM (NDPS) 672 of 2026 is allowed. Certified copy of the deposition filed be kept with the record.
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.)