Nabakumar Sarkar v. State Of West Bengal

06.11.2025 Court No.35.

D/L. 42.

sudipta (Allowed) CRM (NDPS) 1388 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, in connection with Bhagwangola Police Station Case No. 72 of 2025 dated 04.02.2025 under Sections 20(b)(ii)C /29 of the Narcotic Drugs and Phychotropic Substances Act 1985.

And In the matter of : Nabakumar Sarkar ......Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman ......for the Petitioner.

Mr. Madhusudan Sur Mr. D. Das ......for the State.

Learned advocate appearing on behalf of the petitioner submits that from the joint possession of the petitioner and another 24kgs and 540 grams ganja was recovered. Learned advocate submits that the petitioner is in custody for 9 months. Charge has already been framed in connection with the instant case. As such detention of the petitioner is unwarranted. Learned advocate appearing for the State opposes the prayer for bail and submits that commercial quantity of the contraband was recovered from the possession of the petitioner and another. Further a two-wheeler was also seized. The said two-wheeler stands in the name of the petitioner.

Having considered that the petitioner is in custody for nine months and 12 witnesses along with the relevant documents are yet to be brought on evidence by the prosecution, I am of the view that there is hardly any possibility of the trial to be concluded in the near future. As such the prayer for bail of the petitioner is allowed. Petitioner i.e. Nabakumar Sarkar shall furnish 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 Court under NDPS Act, Berhampore, Murshidabad.

If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date fixed by the learned Trial Court. Petitioner shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Special Court, Berhampore, Mursidabad.

In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

Accordingly, CRM (NDPS) 1388 of 2025 is disposed of. 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.)