Harsh Kumar Burnwal @ Barnwal v. State Of West Bengal

10.07.2025 Court No.29 Item No.53 AP CRM (NDPS) 603 of 2025 In Re:- An application for bail under Section 439 of the Code of Criminal Procedure 1973, corresponding to under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the N.D.P.S. Case No. PTN No.WBBD15P0000102025 of 2025 arising out of Kulti Police Station Case No. 29 of 2025 dated 14.01.2025 under sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

In the matter of : Harsh Kumar Burnwal @ Barnwal .... Petitioner.

Mr. Amit Ranjan Pati Ms. Swastika Chowdhury Ms. K. Kubra ...for the Petitioner.

Mr. Ranabir Roy Chowdhury Ms. Nandini Chatterjee ...for the State.

Prosecution case is that 258 Grams of Heroin was recovered from the joint possession of the petitioner and another person. He further submits that the petitioner is in custody for about 177 days and he may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposes the prayer for bail contending that commercial quantity of Heroin was recovered from the joint possession of the petitioner and the other accused and that charge has already been framed in this case and 16th July, 2025 is the next date for examination of witnesses and it is expected that the trial would be concluded shortly.

Having heard learned counsel appearing on behalf of the petitioner and the State and that the rigour of Section 37 of the

NDPS Act clearly attracts in respect of the present petitioner in the instant case, the prayer for bail is considered and rejected. Accordingly, CRM (NDPS) 603 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.)