Biswajit Das v. State Of West Bengal

M/L 80 07.11.2025 C.R.M. (NDPS) 811 of 2025 In Re: An application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (Corresponding to Section 439 of the Code of Criminal Procedure) filed in connection with Sealdah GRPS Police Station Case No.94 of 2024 dated 03.06.2024 under Sections 20(b)(ii) (c)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985; Biswajit Das

Versus

The State of West Bengal Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha.

...for the petitioner.

Ms. Anasuya Sinha Ms. Snigdha Saha.

...for the State.

Learned advocate appearing for the petitioner submits Bpg.

Allowed that initially 22.721 kgs. of ganja were recovered from the possession of present petitioner. Subsequently, again there was recovery of 9.5 kgs of ganja. The petitioner is in custody for about 1 year 6 months and the prosecution till date has been able to examine only one witness out of 17 witnesses proposed to be examined. Petitioner, as such, has prayed for bail on any stringent conditions.

Learned advocate appearing for the State opposes the prayer for bail and submits that commercial quantity of contraband was recovered from the possession of the petitioner and the prosecution are putting in efforts for taking the trial to a logical conclusion.

Having considered that only one witness has been

examined in this case and there is no possibility of the trial being concluded in near future, I am inclined to release the petitioner considering the period of detention suffered by him. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner namely, Biswajit Das shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Special Court, NDPS Act, Additional Sessions Judge, 4th Court, Alipore, 24 Parganas (South).

If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial court and shall not leave the jurisdiction of the learned special court. Any violation of the aforesaid conditions will entitle the learned special court to cancel the bail of the petitioner without further reference to this Court.

Accordingly, CRM (NDPS) 811 of 2025 is allowed. 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.)