Calcutta High CourtCRM (NDPS)/1378/2025rejected

Pappu Roy v. State Of West Bengal

2025-11-06Hon'Ble Justice Tirthankar Ghosh2 pages

06.11.2025 Court No.35.

D/L. 32.

Kausik (Rejected) CRM (NDPS) 1378 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Phool Bagan Police Station Case No. 41 of 2024 dated 01.04.2024 under section 21(c)/29 NDPS Act, 1985.

And In the matter of : Pappu Roy ......Petitioner.

Mr. Mrityunjoy Chatterjee Mr. Kailash Tamoli Mr. Manabendranath Bandyopadhyay ......for the Petitioner.

Mr. Iqbal Kabir Mr. Sharequl Haque ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is a driver of the vehicle who has been detained pursuant to a raid being carried out and is presently is in custody for 1 year and 7 months. Learned advocate for the petitioner criticises the manner in which the seizure was effected. It is stated by the petitioner that although the interception was on 01.04.2024 but the arrest was shown to have been made on 02.04.2024.

Learned advocate submits that on any stringent condition petitioner may be released on bail. On the other hand learned advocate for the State submits that charge has already been framed and out of the 7 witnesses to be examined, 2 witnesses have been examined.

Having considered the amount of recovery being 1800 bottles of Phensedyl (each bottle containing 100 ML) and the fact that the trial of the case is in progress, at this stage, I am not inclined to release the petitioner on bail. Accordingly, CRM (NDPS) 1378 of 2025 is dismissed. However, the learned Trial Court is directed to ensure that the evidence of the rest of the 5 witnesses be concluded by 30.06.2026. In case the evidence is not completed, learned Trial Court is directed to leniently consider the prayer for bail of the petitioner.

All parties shall act in terms of server copy of the order 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.)