Biplab Biswas @ Raju v. State Of West Bengal
12.8.2025 akb Sl. 30 Ct.29 Rejected CRM (NDPS) No. 952 of 2025 In re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS case no. 111 of 2024 arising out of Hogolberia Police Station case no. 296 of 2024 dated 04.12.2024 under Sections 21(C)/25/29 of the NDPS Act, 1985.
And In re: Biplab Biswas @ Raju ... petitioner Mr. Amitesh Tripathi Ms. Sayantika Sahu ...for the petitioner Mr. Joydeep Roy Ms. Mamata Jana ...for the State Learned Counsel appearing on behalf of the petitioner submits that 1400 bottles of cough syrup containing codeine phosphate was allegedly recovered from a car.
He was merely a passenger in the car which was running from Karimpur to Jalangi and it was escorted by a motor-cyclist. However, he has no involvement with the alleged offence but he is in custody for 90 days. He further submits that investigation has already been culminated into a charge sheet and as such there would be no requirement to detain him any further in the custody and he may be released on bail on any terms and conditions. Learned Counsel appearing on behalf of the State vehemently opposed the bail prayer contending that the entire search and seizure was videographed and two independent witnesses have also named the present petitioner. One Bappaditya Samanta is the owner of the car, he is absconding and during investigation the prosecution detected CDR, which discloses continuous conversation in between the driver and the present petitioner. He further submits that the motor-cycle which escorted the said vehicle is owned by the present
petitioner. He further submits that the delay in trial is attributable to the accused persons and next date before the Trial Court is on 1st September, 2025.
Having considered the submissions made on behalf of the petitioner and the State and also on the basis of materials placed before me, I find that the petitioner failed to overcome the restrictions imposed under Section 37 of the NDPS Act and as such, the prayer for bail is considered and rejected.
However, the Trial Court is requested to expedite the trial and if required he will split the record in respect of the absconding accused persons and will proceed with the trial in accordance with law. The application, being CRM (NDPS) 952 of 2025 is accordingly disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)