Mokaram Miya v. State Of West Bengal

04.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 476 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (NDPS) 1037 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Gangarampur Police Station Case No. 83 of dated 27.02.2024 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Mokaram Miya ... Petitioner.

Mr. Kaushik Choudhury, Mr. Dwaipayan Panda ... For the Petitioner.

Ms. Sreyashee Biswas, Mr. Dattatreya Dutta ... For the State.

Learned senior advocate appearing for the petitioner submits that the subject matter of the case relates to recovery of 75 bottles of Phensedyl and the petitioner was arrested on the basis of statement of the co-accused. It has been submitted that the petitioner is in custody for 184 days and other accused persons have been granted bail. As such, petitioner prays for bail on any stringent condition. Learned advocate appearing for the State opposes the prayer for bail and submits that since four accused persons are absconding, prosecution is unable to progress with the case.

Having considered that some of the accused persons are before the Court and some of them are absconding, I direct the learned Special Court to exhaust the process of

law and thereafter split up the trial of the case. Learned Special Court would thereafter take steps for overcoming the stage of consideration of charges.

Petitioner be released on bail after the stage of consideration of charges is over on such terms and conditions as the learned Trial Court deems fit and proper for ensuring the appearance of the petitioner in course of the trial.

Report submitted by the learned advocate appearing for the State be kept with the record.

With the aforesaid observations, the application for bail, being CRM (NDPS) 1037 of 2025, is disposed of. All concerned parties shall act on the server copy of this order duly 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.)