Sahensa Sarkar v. State Of West Bengal

21.08.2025 Item No.10 Ct. No. 446 PG C.R.M.(A) 2736 of 2025 In Re:- An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Domkal Police Station Case No. 584 of 2025 dated 09.07.2025 under Sections 21(C )/29 of the Narcotic Drugs and Psychotropic Substances Act, pending before the learned Additional Chief Judicial Magistrate at Berhampur, Murshidabad.

And In the matter of : Sahensa Sarkar, Director of Trireme Life Sciences Private Limited ...... petitioner Mr. Tarique Quasimuddin Ms. Zainab Tahur Mr. Soumen Biswas Md. Adnan Lodi ....for the petitioner Mr. Madhusudan Sur, Ld. APP Mr. Dipankar Mahata ....for the State

1. The report, as submitted before this Court by the prosecution be kept on record.

2. It is the case of the petitioner that the petitioner's company is associated with the supply of pharmaceutical drugs and other products under third party manufacturing process with marketing in India and abroad. The petitioner is one of the directors of Trireme Life Sciences Private Limited and the company is running its business as per the Drugs and Cosmetics Rules, 1945 with the license to sell, stock and exhibit or offer for the sale or distribute by wholesale Drugs issued by the

Department of Health and Family Welfare, Government of West Bengal.

3. It is further submitted that one Digital Vision, a manufacturing company is in the business of manufacturing medicines and used to get the products manufactured for the petitioner company's brand names.

4. It is his specific case that by a letter dated 18.06.2025, the petitioner's company placed the purchase order of BRON COF-C Syrup of 12000 quantity with the composition of codeine phosphate 10mg.+triprolidine hydrochloride IP 1.25 mg. to Digital Vision. Therefore, the products, which were carrying were as per the approved manufactured drug.

5. The petitioner has complied with the provisions of section 67 of the NDPS Act and through his authorised agent produced the original document relating to the seized articles in this case.

6. Heard the submissions of both the learned Advocates and perused the case diary and the documents seized as well as the statement of various witnesses. Considering the fact that the petitioner is cooperating with the investigating authorities as well as the petitioner is having the licence to deal with the drugs and considering the agreement existing between the petitioner's company as well as one of the suspected receivers, this Court is of the

view that quantity of codeine phosphate is within the permissible limit and therefore, the benefit of section 482 of the BNSS may be extended in favour of the petitioner subject to the fulfillment of conditions stipulated in Section 482(2) of BNSS.

7. Accordingly, it is directed that in the event of arrest the petitioner shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Ten Thousand only) with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of BNSS and on further condition that the petitioner shall cooperate with the investigating officer till the submission of charge-sheet and to appear before the investigating officer, as and when required.

8. This application for anticipatory bail is, thus, disposed of. (Chaitali Chatterjee (Das), J.)