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Calcutta High CourtCRM (NDPS)/1555/2025allowed

Dilip Orao @ Dilip Orwa v. State Of West Bengal

2026-02-02Hon'Ble Justice Tirthankar Ghosh2 pages

02.02.2026 Court No.35.

M/L.38.

Rakib (Allowed) CRM (NDPS) 1555 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station case no. 1997 of 2024 dated 07.12.2024 under Sections 21(C)/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Dilip Orao @ Dilip Orwa.

......Petitioner.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh ......for the Petitioner.

Mr. Joydeep Biswas Mr. Bikram Mitra ......for the State.

Learned advocate appearing for the petitioner submits that from the godown of one Rohit Sk 5650 bottles of phensedyl were recovered and on the basis of the same the present petitioner has been implicated. Petitioner is in custody for about one year two months and charges have already been framed.

Learned advocate for the State on the other hand opposes the prayer for bail and however, it is submitted that petitioner was a labour who was involved in loading and unloading of the phensedyl. There are accusations also that petitioner was a driver of a Toto wherein goods were supposed to be loaded for sending to other destination.

Having considered the period of detention of the present petitioner and the fact that the principal accused is in custody, I am of the view that further detention of the present petitioner is

unwarranted in the facts and circumstances of the present case as charges have already been framed and the petitioner was only acting as a labour and/or a Toto driver. Thus, the prayer for bail of the petitioner is allowed.

Accordingly, petitioner namely, Dilip Orao @ Dilip Orwa shall be released on bail upon furnishing 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 the learned Judge, Special Court under NDPS Act cum Additional Sessions Judge, 5th Court, at Berhampore, Murshidabad.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of Murshidabad without the prior permission of the learned Special Court. Accordingly, the application for bail being CRM (NDPS) No. 1555 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.)