Kamal Biswas v. State Of West Bengal

22.06.2026 Court No.35.

D/L.54.

Rakib (Allowed) CRM (NDPS) 849 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hili Police Station case no. 186 of 2025 dated 09.09.2025 under Sections 21(c)/22(c)/23(c)/27A/28 of the NDPS Act read with Sections 27/27A/27(b)(2) of the Drugs and Cosmetic Act, 1940. And In the matter of : Kamal Biswas.

......Petitioner.

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

Mr. Rajen Haldar, Ld. APP Mr. Sandeep Prasad Shaw ......for the State.

Learned advocate appearing for the petitioner submits that the alleged recovery in the present case is 50 bottles of phensedyl and 50 strips of tapantadol tablets and the petitioner is in custody for nine months. Charge-sheet has been submitted. Further, the prosecution has relied upon 23 witnesses in order to prove its case, as such there is no scope of the trial being taken to its logical conclusion.

Learned advocate appearing for the State opposes the prayer for bail.

I have taken into account the period of detention of the present petitioner as well as the number of witnesses proposed by the prosecution to be examined. Having considered the same, I am of the view that the petitioner may be released on bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such, the petitioner, namely, Kamal Biswas shall be released on bail upon furnishing 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 the learned Judge, Special Court (under NDPS Act), Balurghat, Dakshin Dinajpur.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Dakshin Dinajpur without prior permission of the learned Special Court.

Accordingly, CRM (NDPS) No. 849 of 2026 is allowed. Memo of evidence submitted by the State 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.)