Pratap Singh v. Union Of India

21.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.M/L.75 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (NDPS) 1473 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NCB Crime No.13/NCB/KOL/2022 dated 08.04.2022 under Section 8(c) read with Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Pratap Singh ... Petitioner.

Mr. Jisan Iqubal Hossain ... For the Petitioner.

Mr. Arun Kumar Maiti (Mohanty), Mr. R. R. Mohanty ... For the N.C.B.

Learned advocate appearing for the petitioner submits that petitioner has been implicated on the basis of statement of co-accused and there has been no recovery from the present petitioner and the recovery was from a truck driver who has been granted bail in CRM (NDPS) 224 of 2025. The specific observation of the Hon'ble Division Bench is that the petitioner in the said case was in custody for about three years and considering the delay, the Hon'ble Division Bench was pleased to release the said petitioner on bail. In the present case, petitioner is in custody for 2 years 6 months.

Learned advocate appearing for the NCB, on the other hand, opposes the prayer for bail and submits that the petitioner is a resident of Jammu and Kashmir and once he is released on bail, it is not be possible for the NCB to trace

out the accused. Learned advocate for the NCB undertakes that the NCB would conclude the evidence of all the seven witnesses at the earliest.

Having considered the huge quantity of contraband seized in connection with the instant case, a last opportunity is granted to the NCB. As such, application be filed before the learned Special Court for preponing the date. Learned Public Prosecutor conducting the trial would insist upon day-to-day progress of the trial. All efforts be taken to conclude the examination of the prosecution witnesses within a period of five months from 31st January, 2026. If, because of absence of the witnesses or any other delay being contributed by the prosecution, the evidence of the prosecution witnesses is not concluded within the aforesaid period, learned Trial Court would release the petitioner on bail on such terms and conditions as it deems fit and proper for ensuring further presence of the petitioner in course of the trial.

With the aforesaid observations, the application for bail, being CRM (NDPS) 1473 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.)