Rakesh Saha v. State Of West Bengal

24.06.2026 Sl. No. 112 Court No.35 Rohan (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 993 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Gaighata Police Station Case No. 1038 of 2024 dated 10.11.2024 for the offences punishable under Sections 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 read with Sections 221/121(2)/132 of the Bharatiya Nyaya Sanhita, 2023.

-AndIn the matter of: Rakesh Saha

...Petitioner

Ms. Antarikhya Basu Ms. Madhumita Basak ...for the Petitioner Mr. L. Vishal Kumar Ms. Rima Banerjee ...for the State

1. Learned advocate appearing for the petitioner submits that the petitioner was arrested on 10th November, 2024 and since then, he is in custody. Although, charges have been framed but there is no substantial progress in the trial.

2. Learned advocate for the State opposes the prayer for bail on the issue relating to alleged recovery of commercial quantity of contraband.

3. Petitioner is in custody for 1 year 8 months. Till date examination of witnesses has not commenced and the prosecution has relied upon six (06) witnesses.

4. Having considered the period of detention of the present petitioner and the possibility of trial being taken to its conclusion is weak, I am inclined to release the petitioner on bail.

5. As such, the prayer for bail of the petitioner, namely, Rakesh Saha is allowed.

6. Accordingly, the petitioner 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 the learned Special Judge, NDPS Act, 6th Court at Barasat, North 24 Parganas.

7. If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date. Petitioner shall not leave the district of North 24 Parganas without prior permission of the learned Special Court.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. Accordingly, CRM (NDPS) 993 of 2026 is allowed.

10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.

11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)