Sandeep Chaudhary v. Union Of India

16.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.3 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (NDPS) 906 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NCB Crime No. 13/NCB/KOL/2024 dated 23.07.2024 under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Sandeep Chaudhary ... Petitioner.

Mr. Apalak Basu, Mr. Nazir Ahmed, Ms. Sanghamitra Mridha, Mr. Yavik Singhal ... For the Petitioner.

Mr. Gouranga Kumar Das, APP, Mr. Sagar Saha ... For the NCB.

Learned advocate appearing for the petitioner submits that the petitioner is a Labour who has been implicated in connection with the instant case and is in custody for 1 year 11 months. It has also been pointed out that the subjectmatter of recovery in the present case is 2233 bottles of Phensedyl Cough Syrup, 190 bottles of Eskuf Cough Syrup and 10700 Tablets of Tydol-100 (containing Tramadol). Further it has been pointed out that hardly there has been any progress in the case and only the evidence of PW-1 is in progress. According to the petitioner, prosecution has relied upon 10 witnesses and there is no possibility of the trial concluding within a reasonable period of time. As such, the

petitioner, whose complicity is questionable, may be released on bail.

Learned advocate appearing for the NCB, on the other hand, opposes the prayer for bail and submits that majority of the accused persons are closely associated and are relations who were aware regarding the nature of the business being carried out. The place of seizure is a godown where contrabands were stored and subsequently they were used for sale.

Be that as it may, the trial of the case is progressing very slowly as till date not even one witness has been examined. Having regard to the quantum of seizure, as a matter of last chance, three months' time is granted to the prosecution to complete the examination of at least four witnesses including the seizure list witnesses. If, in spite of cooperation extended by the petitioner, examination of the aforesaid number of witnesses is not completed within the schedule period, learned Special Court would release the petitioner on bail on such terms and conditions as it deems fit and proper.

At this stage, the prayer for bail of the petitioner is rejected.

With the aforesaid observations, the application for bail, being CRM (NDPS) 906 of 2026, is disposed of. All concerned parties shall act on the server copy of this order duly 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.)