Birendra Barman And ANR v. The State Of West Bengal

19.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.67 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1276 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Nabagram Police Station Case No. 111 of 2025 dated 23.02.2025 under Sections 20(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Birendra Barman and another ... Petitioners.

Mr. Moyukh Mukherjee, Mr. Sarthak Mondal ... For the Petitioners.

Mr. Md. Adil Badr, Mr. Atanu Ghosh ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners are in custody for more than ten months and there has been no progress in the case, neither there is any effort on the part of the prosecution to proceed with the case. As such, petitioners pray for bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that from three accused persons 227 kgs. of ganja was recovered; charges have been framed on 03.12.2025. As such, release of the petitioners at this stage would jeopardize the trial of the case.

I have taken into account the merits of the case and I am of the view that the petitioners have failed to overcome

the rigors of Section 37 of the NDPS Act. As such, the prayer for bail of the petitioners is rejected.

Learned Trial Court would give priority to the evidence of the seizure list witnesses.

Petitioners would approach this Court after the evidence of seizure list witnesses is over.

The application for bail, being CRM (NDPS) 1276 of 2025, is, thus, 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.)