Argha Ghosh And ORS. v. State Of West Bengal

D/L22 15.06.2026 C.R.M. (NDPS) 1153 of 2026 Bpg.

Dismissed In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita filed in connection with Naihati GRPS Police Station Case No.25 of 2025 dated 09.10.2025 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Argha Ghosh & Ors.

Versus

The State of West Bengal Mr. Angshuman Chakraborty Mr. S.S. Saha.

...for the petitioners.

Mr. Moyukh Mukherjee Mr. Utsav Dutta.

...for the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody since 9th October, 2025 and have been implicated on the alleged recovery of 77.85 kgs of ganja. It has also been contended that the seizure list which have been prepared are separate and, as such, the petitioners cannot be conjointly liable for the offence for which they have been implicated in the present case. According to the learned advocate, there are 20 witnesses on whom the prosecution has relied upon, as such, there is no possibility of the trial being taken to its logical conclusion as till date charges have not been framed.

Learned advocate for the State submits that one of the accused person is absconding, as such, process has been issued. Immediately on completion of the process, the prosecution would

take steps for proceeding with the trial.

I have taken into account the quantum of seizure in this case. Having regard to the same, the rigors of Section 37 of the NDPS Act is attracted.

Learned trial court is directed to exhaust the process of law so far as the absconding accused is concerned and immediately on completion of the process fix date for consideration of charges. Petitioners would be at liberty to approach this Court after the evidence of the seizure list witnesses are over. At this stage, CRM(NDPS) 1153 of 2026 is dismissed at this stage.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)