Jashmuddin Sarkar v. State Of West Bengal

24.11.2025 Serial no. 17 [G.S.D] CRM (NDPS) 1492 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 Balurghat PS Case No. 459 of 2025 dated 12.07.2025 u/s 21(c)/22(c)/23(c)/25/27A/29 of the NDPS Act (corresponding to NDPS Case No. 44 of 2025). -AndIn the matter of : Jashumuddin Sarkar ... ... Petitioner(s) Mr. Kaushik Choudhury ... for the Petitioner(s) Ms. Rituparna Ghosh Mr. D. Das ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 116 days and there were recoveries.

However, the subject-matter of the case involves initial recovery of bottles of phensedyl and, subsequently, another 2400 bottles of phensedyl. Learned advocate for the State submits that on the basis of statement of the son of the present petitioner, yaba tablets were also recovered and the investigation of the case is still in progress.

Having considered that the investigation of the case is still in progress and, prima facie, commercial quantity of contraband having been recovered, at this stage, I am not inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Rejected.

Accordingly, CRM(NDPS) 1492 of 2025 is dismissed. 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.)