Ashim Roy @ Asim Roy v. State Of West Bengal

03.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.9 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1549 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Sealdah GRPS Police Station Case No. 77 of 2024 dated 14.05.2024 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Ashim Roy alias Asim Roy ... Petitioner.

Mr. Angshuman Chakraborty, Mr. S. S. Saha ... For the Petitioner.

Ms. Subhashree Patel, Mr. Karan Bapuli ... For the State.

Learned advocate appearing for the petitioner submits that there was recovery of 20.39 kgs. of ganja/contraband from the joint possession of the petitioner and others and after being intercepted, he is in custody for 1 year 6 months. It has been submitted that till date, two witnesses have been examined out of 26 witnesses proposed to be examined by the prosecution and there is no scope of the trial being concluded in near future. As such, petitioner may be released on bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there are antecedents of the present petitioner.

I have considered the quantum of seizure of contraband and the period of detention of the present

petitioner. Having considered that the petitioner is in custody for 1 year 6 months and trial is not progressing in an appropriate manner, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Ashim Roy alias Asim Roy shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act, Additional Sessions Judge, 4th Court, Alipore.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the districts of South 24-Parganas, North 24-Parganas and Kolkata without the prior permission of the learned Special Court. The application for bail, being CRM (NDPS) 1549 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.)