Ashim Sarkar v. State Of West Bengal

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 745 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1502 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 Gangarampur Police Station Case No. 532 of dated 05.10.2024 under Sections 21(C)/22(C)/23(C)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Ashim Sarkar ... Petitioner.

Mr. Ayan Bhattacherjee, Sr. Adv., Mr. Rahul Ganguly, Ms. Ritu Das ... For the Petitioner.

Ms. Sonali Bhar ... For the State.

Learned senior advocate appearing for the petitioner submits that earlier on 25.11.2025 in CRM(NDPS) 1503 of 2025 dated 25.11.2025 while rejecting the prayer for bail in respect of another co-accused, this Court directed the learned Special Court to overcome the stage of consideration of charges and directed for renewal of the prayer for bail of the said accused. In the meantime, charges have already been framed. Petitioner, being in custody for 440 days, prays for bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail in view of the huge quantity of contraband being recovered (4950 bottles of cough-syrup and 50 cartons of morphine injection).

Additionally, it has been submitted that the schedule for witness action is fixed on and from 12.01.2026. It has been pointed out on behalf of the petitioner that there are five seizure list witnesses.

Presumably the five seizure list witnesses would be completed within a month of the next schedule so fixed. Petitioner would approach this Court after the evidence of the seizure list witnesses is over. At this stage, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM (NDPS) 1502 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.)