Calcutta High CourtCRM (NDPS)/1455/2025disposed

Palash Roy @ Polash Roy v. State Of West Bengal

2025-11-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.11.2025 Serial no. 32 [G.S.D] CRM (NDPS) 1455 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Sagarpara Police Station Case No. 474 of 2024 dated 28th November, 2024 under Section 21(c)/29 of the NDPS Act, 1985 relating to NDPS Case No. 121 of 2024 . -AndIn the matter of : Palash Roy @ Polash Roy ... ... Petitioner(s) Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. A. Ghosh ... for the Petitioner(s) Mr. Sanjay Banerjee Mr. Manoranjan Mahata ... for the State-respondent(s) Learned advocate for the petitioner submits that the subject-matter of the case relates to seizure of 741 bottles of phensedyl. Learned advocate also submits that the petitioner has been implicated on the basis of a statement of a co-accused; charge-sheet has already been submitted and the prosecution proposes to examine 14 witnesses in support of this case.

Learned advocate for the State opposes the prayer for bail and submits that the accused was absconding for a considerable period of time, and, as such, has contributed to the delay.

Having considered that, at this stage, the learned trial court is about to consider charges, I direct the learned

trial court to take steps after consideration of charges within a period of 45 days to examine the seizure witnesses. The learned trial court would, if it feels that no materials are appearing from the seizure witnesses or any other witnesses, who were keenly connected with the instant case, the learned trial court would be at liberty to release the petitioner on bail.

With the aforesaid observations, CRM (NDPS) 1455 of 2025 is disposed of.

Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)