Shankar Ghosh v. State Of West Bengal

04.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 480 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (NDPS) 1048 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Hili Police Station Case No. 30 of 2025 dated 04.02.2025 under Sections 21C/22C/23C/27A/28 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Shankar Ghosh ... Petitioner.

Mr. Milon Mukherjee, Sr. Adv., Mr. Dattatreya Dutta ... For the Petitioner.

Mr. Madhusudan Sur, APP, Mr. Md. Kutubuddin ... For the State.

Learned senior advocate appearing for the petitioner submits that there were recovery of 400 bottles of Phensedyl, but the present petitioner has been implicated in connection with the instant case on the basis of the statement of co-accused and is in custody since 28th March, 2025. As there is no possibility of the trial commencing, learned senior advocate prays for bail on any stringent condition. Mr. Sur, learned advocate appearing for the State opposes the prayer for bail and submits that the call detail records reflect 311 calls within a short span of time, there is thick complicity of the present petitioner with the principal accused from whom seizure has been effected and the SIM card which has been used is of the relation of the present

petitioner. It has also been pointed out that one of the accused person is absconding.

Having considered the same, I direct the learned Trial Court to immediately exhaust the process of law, take steps for supply of copies and as expeditiously as possible consider the charges against the accused persons who are presently before the court of law. Learned Trial Court would, to that effect, split up the case after the necessary stage is over. I direct that immediately after the stage of consideration of charges is over, the learned Trial Court will release the petitioner on bail on such terms and conditions as it deems fit and proper for ensuring the physical presence of the accused in course of the trial.

With the aforesaid observations, the application for bail, being CRM (NDPS) 1048 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.)