Anup Sutradhar v. State Of West Bengal

04.12.2025 Court No.35.

M/L. 467.

Kausik (Rejected) CRM (NDPS) 997 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Farakka Police Station Case No. 291/2024 dated 09.08.2024 under Sections 21(c)/29 of the NDPS Act;

And In the matter of : Anup Sutradhar ......Petitioner.

Mr. Jisan Iqubal Hossain ......for the Petitioner.

Mr. Bibaswan Bhattacharya Ms. Sudeshna Das ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is the owner of the vehicle and the persons from whom recovery of contraband was made has already been granted bail. As such, the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and submits that the subject matter involves 34 Kgs. of Ganja and the petitioner is the owner of the vehicle. There are further materials to show that it is the petitioner who instructed the other 3 accused to ply with the contraband. The accused persons who are on bail have been granted statutory bail and as such petitioner who was subsequently arrested cannot claim parity.

Having considered that 34 Kgs. of Ganja has been recovered I am of the opinion that rigors of Section 37 of the NDPS Act is attracted.

Consequently, CRM (NDPS) 997 of 2025 is dismissed. 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.)