Calcutta High CourtCRM (NDPS)/1535/2025allowed

Sanju Biswas @ Sanjit Biswas v. State Of West Bengal

2025-12-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.12.2025 Court No.35.

M/L. 21.

Kausik (Allowed) CRM (NDPS) 1535 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Bagdah Police Station Case No. 456 of 2025 dated 25.05.2025 under Section 21(c)/29 of the NDPS Act, 1985;

And In the matter of : Sanju Biswas @ Sanjit Biswas ......Petitioner.

Mr. Soumen Subhra Ray Mr. Pradip Hari Mr. Apurba Biswas Ms. Neelam Kumari Ms. Archana Baghel ......for the Petitioner.

Mr. Avishek Sinha Mr. Asif Dewan ......for the State.

Learned advocate appearing for the petitioner submits that petitioner has been falsely implicated in connection with the case wherein 125 bottles of Phensedyl were recovered from the possession of a lady.

Learned advocate submits that charge sheet has already been submitted and the petitioner is in custody for 151 days only on the basis of the statement of the co-accused. Learned advocate for the State opposes the prayer for bail and submits that the petitioner along with others were there at the spot. However, they fled away at the time of seizure.

I have taken into account the accusations made in the case diary and considering the period of detention of the petitioner and the fact that there has been prima facie no seizure from the possession of the petitioner, further detention of the petitioner is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed.

Petitioner, namely, Sanju Biswas @ Sanjit Biswas shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of Learned Additional Sessions Judge, 6th Court, Barasat cum Special Court under NDPS Act, Barasat..

If on bail the petitioner shall be physically present on each and every date fixed by the learned Trial Court. The petitioner shall not leave the jurisdiction of 24 Parganas, North without the leave of the learned Special Court. Accordingly, CRM (NDPS) 1535 of 2025 is allowed. All parties shall act in terms of server copy of the order 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.)