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Calcutta High CourtCRM (NDPS)/1348/2025allowed

Binod Singh v. Narcotic Control Bureau

2025-12-18Hon'Ble Justice Tirthankar Ghosh3 pages

18.12.2025 Serial no. 684 [G.S.D] CRM (NDPS) 1348 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No.

of u/s 20(b)(ii)(c)/25/27A/29 of the NDPS Act, corresponding to NCB Crime No. 06/NCB/KOL/2025. -AndIn the matter of : Binod Singh ... ... Petitioner(s) Mr. Milon Mukherjee, Sr Adv.

Mr. Saibal Kumar Mondal Ms. Sonali Ghosh Mr. A. Mukherjee ... for the Petitioner(s) Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly ... for the NCB Mr. Mukherjee, learned Senior Advocate, appearing for the petitioner submits that the subject-matter of the case relates to recovery of 118 kg of flouring tops from the two accused persons who are the father and son. Learned Senior advocate also submits that the petitioner has been implicated as an accused in the case only on the basis of statement of the said accused persons (Tarun Koley and Aranya Koley).

Learned advocate for the NCB opposes the prayer for bail and submits that so far as the present accused is concerned, he along with another accused pretended themselves as the NCB Officers and collected money from the drug traffickers to avoid NCB raids. Learned advocate

also added that the accused persons gave voluntary statement that the present petitioner extorted a sum of Rs.50,000/- from them as protection money. However, there has been no recovery from the possession of the present petitioner.

It has also been emphasized by the learned advocate that the conduct of the present petitioner is bad and there are criminal antecedents.

Be that as it may, having taken into account the totality of the circumstances so far as the present case is concerned, it is seen that the petitioner has been implicated in the case only on the basis of statement of the co-accused, as such, the rigours of Section 37 of the NDPS Act is diluted. Having considered the same, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Binod Singh shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Courtcum-Additional Sessions Judge, Hooghly. If on bail, the petitioner shall appear on each and every date of the trial so fixed by the learned trial court and

shall not leave the district of Hooghly without prior permission of the learned trial court/special court. It is also directed that if the learned Special Court intends to impose any other conditions to ensure appearance of the present petitioner, the Special Court would be at liberty to impose the same.

Accordingly, CRM(NDPS) 1348 of 2025 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)