Calcutta High CourtCRM (NDPS)/545/2025rejected

Dipali Saha v. State Of West Bengal

2025-07-02Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

02.07.2025.

p.b.

SL. No.50.

Ct. No.29.

CRM (NDPS) 545 of 2025 In Re:- An application for Bail under Section 439 of the Criminal Prodecure Code as amended/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS Case No.105 of 2024 arising out of Englishbazar P.S. Case No.1849 of 2024 dated 15.12.2024 under Sections 21(b)(ii)(C /29 of the NDPS Act, 1985.

And In the matter: Dipali Saha.

.....Petitioner.

Ms. Sujata Das.

......for the Petitioner.

Mr. B. Bhatacharjee, Mr. Akash Ganguly.

......for the State.

It is submitted on behalf of the petitioner that the petitioner is an innocent lady engaged as a sales women and while she was returning home, she has been falsely implicated with this case and she is in custody for about 199 days. She is a widow and she has to maintain her child. Accordingly, she may be released on bail on any terms and conditions.

Learned advocate for the State submits that commercial quantity of narcotic substance was recovered from the possession of the petitioner and the seizure list bears the signature of the petitioner and entire process of search & seizure was videographed. He further submits that the bail prayer of the other co-

accused persons was rejected by this Court on 1st July, 2025 vide CRR (NDPS) 489 of 2025 and the present petitioner is almost on the same footing and as such he opposed to the bail prayer. He further submitted that the charge sheet has already been submitted on 30th May, 2025 though the charge-sheet has not yet been framed.

Having heard learned counsel for both the parties and on perusal of the materials available in the case record, it appears that the rigour of Section 37 of the NDPS Act clearly attracts in respect of present petitioner and as such the prayer for bail is considered and rejected.

Accordingly, CRM (NDPS) 545 of 2025 is disposed of.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)