Babu Roy And ANR. v. State Of West Bengal

18.11.2025 Serial no. 7 [G.S.D] CRM (NDPS) 1366 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 TR NDPS Case No. 08 of 2025 arising out of Marishda PS Case No. 167 of 2025 dated 04.05.2025 under sections 20(b)(ii)(C)/25/29 of the NDPS, 1985. -AndIn the matter of : Babu Roy & Anr.

... ... Petitioner(s) Mr. Milan Mukherjee, Ld. Sr. Adv.

Mr. Suman Bhanja ... for the Petitioner(s) Mr. S. Banerjee Mr. Raju Mondal ... for the State-respondent(s) Mr. Mukherjee, learned Senior Advocate, appearing for the petitioner submits that there are issues regarding search and seizure as well as samples being produced before the court.

However, Learned Senior Advocate intends to pursue the issues at a subsequent stage.

The petitioners were arrested on 4th May, 2025 and there has been recovery of 53 kg of ganja from the joint possession of both the petitioners.

Having considered the rigours of Section 37 of the NDPS Act as also the fact that charge-sheet has been submitted before the learned Special Court, at this stage, I am not inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioners is Rejected.

However, the petitioners would renew their prayer for bail if there is no progress in the trial before the learned Special Court.

Accordingly, CRM(NDPS) 1366 of 2025 is dismissed. 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.)