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Calcutta High CourtCRM (NDPS)/1245/2025allowed

Ranjit Kumar Saha v. State Of West Bengal

2025-10-14Hon'Ble Justice Apurba Sinha Ray2 pages

14.10.2025 Serial no. 39 [Dd] (Bail allowed) CRM (NDPS)/1245/2025 In re: An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with N 03/2024 arising out of Barrackpore Police Station Case No. 91 of 2024 dated 23.02.2024 under Sections 20(b)(ii)/29 of the NDPS Act, 1985.

-AndIn the matter of : RANJIT KUMAR SAHA ... ... Petitioner Mr. Angshuman Chakraborty, Mr. S. S. Saha, Advocates ... ... For the Petitioner Mr. Prasun Kumar Dutta, Advocate ... ...For the State

1. The learned counsel for the petitioner has submitted that the petitioner has been languishing in the judicial custody since 23rd February, 2024 and charge sheet has been submitted on 6th September, 2024. Charges have been framed on 11th December, 2024 but not a single witness has been examined on behalf of the prosecution. There are 13 charge sheeted witnesses.

2. The learned counsel for the State has vehemently opposed the prayer for bail on the ground that 56 kgs of ganja have been recovered from the possession of the petitioner.

3. I have gone through the materials on record. It appears that there is no chance of early conclusion of the trial and the fundamental right for speedy disposal of an individual can override the restrictions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

4. As there is no chance of early conclusion of the trial, the petitioner, is entitled to bail accordingly.

5. Accordingly, I direct that the petitioner, namely RANJIT KUMAR SAHA shall be released on bail upon furnishing a bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Judge,(NDPS Act), Barrackpore and on further conditions that the petitioner shall remain within the jurisdictional Police Station and shall report to the Officer-in-Charge of jurisdictional Police Station twice in a week until further orders.

6. The petitioner shall appear before the learned trial Court on every date of hearing until further orders and shall not intimidate the witnesses and/or tamper with evidence and/or commit any cognizable offence in any manner whatsoever.

7. In the event, the petitioner fails to adhere to any of the conditions stipulated above without justifiable cause, the trial Court shall be at liberty to cancel the petitioner's bail in accordance with law without further reference to this Court.

8. The application for bail is, accordingly, allowed.

9. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. (Apurba Sinha Ray, J.)