Basudeb Ghosh v. State Of West Bengal
D/L 31 21.11.2025 Bpg.
Allowed C.R.M. (NDPS) 1383 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagrik Suraksh Sanhita, 2023 filed in connection with Gangarampur Police Station Case No.135 of 2025 dated 06.03.2025 under Sections 28/21(c)/ 22(c)/23 (c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act;
Basudeb Ghosh
Versus
The State of West Bengal Mr. Sabir Ahmed Mr. Pawan Kumar Gupta Mr. Shiladitya Barma Ms. Priyanka Ghosh Mr. Shuvann Dasgupta.
...for the petitioner.
Mr. Saryati Datta Mr. Atulya Sinha.
...for the State.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for 238 days and the seizure in the case is of 150 bottles of phensedyl although no recovery was made from the possession of the present petitioner. Learned advocate submits that charge is yet to be framed and there are number of witnesses, as such, there is no possibility of the trial being completed, consequently the petitioner may be released on bail. Mr. Datta, learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner has antecedent and there are two other cases pending against the petitioner. It has also been submitted that in connection with the instant case although there has been no recovery of the contraband but there are money trial which leads to the fact of petitioner being
thickly connected with the present case.
Be that as it may, records of the case reflect that the prosecution intends to examine 28 witnesses in support of its case. Having considered that there is no possibility of the trial being concluded in near future and the charges are yet to be framed, considering detention of the petitioner, I am inclined to release the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is allowed. The petitioner namely, Basudeb Ghosh shall be released on bail upon furnishing 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 Judge, Special Court, under NDPS Act-cum-Additional District and Sessions Judge, 3rd Court, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned trial court. The petitioner shall not leave the jurisdiction of the district of Dakshin Dinajpur without the permission of the learned special court.
Accordingly, CRM (NDPS) 1383 of 2025 is allowed. All 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 of all requisite formalities.
(Tirthankar Ghosh, J.)