Abhijit Biswas And ANR. v. State Of West Bengal

07.11.2025 Court No.35.

M/L. 91.

Kausik (Allowed) CRM (NDPS) 865 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Chapra Police Station Case No. 990/2024 dated 02.10.2024 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Abhijit Biswas & Anr.

......Petitioners.

Mr. Soumyajit Das Mahapatra Mr. Tapodip Gupta ......for the Petitioners.

Mr. Arnab Chatterjee Mr. Sandip Kundu ......for the State.

Learned advocate appearing for the petitioners submits that the petitioner no. 1 is the driver and petitioner no. 2 is the conductor of a commercial bus plying from Digha to Karimpur. The petitioners were arrested pursuant to recovery of commercial quantity of Ganja from the bus.

The petitioners are in custody for 13 months and it has been pointed out that out of 11 witnesses so proposed to be examined, till date only 1 witness has been examined. Learned advocate for the State opposes the prayer for bail and submits that earlier in the month of April, 2025 in CRM (NDPS) 354 of 2025 the prayer for bail of petitioner no. 1 was rejected.

I have considered the stage of the case, the manner in which the trial is progressing and having considered that there is no scope for the trial to be concluded in near future and taking into account the complicity of the present petitioner, I am inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners are allowed.

Petitioners shall furnish bond of Rs. 20,000/- (Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand) each. One of whom must be local to the satisfaction of the learned Special Court, NDPS Act, Nadia. If on bail the petitioners shall be physically present on each and every date fixed by the learned Special Court and shall not leave the jurisdiction of the District of Nadia without the prior permission of the learned Special Court. If there are any violation of conditions of bail the learned Special Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (NDPS) 865 of 2025 is allowed. All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)