Sanjay Bhowmick v. Union Of India

20.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.M/L.67 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1407 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with NCB Crime No. 05/NCB/KOL/2025 dated 26.03.2025 under Section 8(c) read with Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Sanjay Bhowmick ... Petitioner.

Ms. Shreyeta Mitra ... For the Petitioner.

Mr. Arun Kumar Maiti (Mohanty), Mr. Sagar Saha ... For the NCB.

Learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated in connection with the instant case. The investigating agency, on conclusion of investigation, has already filed their report before the jurisdictional court. One accused person is still absconding. As such, the trial of the case cannot proceed. Learned advocate appearing for the NCB has submitted a report which reflects that there were other cases under the NDPS Act as also murder case so far as the present petitioner's involvement is concerned. Learned advocate for the petitioner submits that the petitioner has been acquitted in the NDPS case.

Be that as it may, in the present case also one of the accused persons is still absconding for which the case cannot proceed. Learned Trial Court is directed to split up the trial of the case by exhausting the process of law. At this stage, the prayer for bail of the petitioner is rejected.

Petitioner will renew his prayer for bail after charges are framed by the learned Trial Court.

Report submitted by the learned advocate appearing for the NCB be kept with the record.

The application for bail, being CRM (NDPS) 1407 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.)