Calcutta High CourtCRM (NDPS)/898/2025rejected

Dipak Tewari @ Deepak Tiwari @ Dipak Tiwari v. State Of West Bengal

2025-11-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.11.2025 Court No.35.

D/L. 105.

Rakib (Rejected) CRM (NDPS) 898 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with T.R. (NDPS) case no. 17 of 2024 arising out of Contai Police Station case no. 718 of 2024 dated 17.11.2024 under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of : Dipak Tewari @ Deepak Tiwari @ Dipak Tiwari ......Petitioner.

Mr. A. P. Roy Mr. Syed Murshid Alam Mr. Subrata Ghosh Ms. Amrita Sen Mr. S. Bagchi ......for the Petitioner.

Mr. Koushik Kundu Mr. Sharequl Haque ......for the State.

Learned advocate appearing for the petitioner submits that only 7.2 kgs of ganja were recovered from the exclusive possession of the petitioner and he is being detained for one year. Hardly there has been any progress of the trial of the case and unnecessarily the petitioner is languishing in jail. On the other hand learned advocate appearing for the State opposes the prayer for bail and submits that there was an organized attempt of transmitting 132 kgs of ganja/contraband which was being jointly carried by 11 accused persons. It has also been submitted that after framing of charges one witness

has been examined and prosecution proposes to examine 14 more witnesses.

Be that as it may, since custodial trial is in progress, learned Special Court is directed to ensure that at least five more witnesses are to be examined by 31st of May, 2026. At this stage, I am not inclined to release the petitioner on bail. Petitioner would be at liberty to approach this Court after the aforesaid period is over.

Accordingly, CRM (NDPS) 898 of 2025 is rejected. 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.)