Utpal Majumder v. State Of West Bengal

05.12.2025 Court No.35.

D/L. 85.

Rakib (rejected) CRM (NDPS) 1573 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 Jagacha Police Station case no. 127 of 2024 dated 22.07.2024 under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Utpal Majumder.

......Petitioner.

Ms. Sabrina Parveen ......for the Petitioner.

Mr. Ranabir Roy Chowdhury Mr. Anindya Sundar Chatterjee ......for the State.

Learned advocate appearing for the petitioner submits that 43 kgs of ganja were allegedly recovered and petitioner is in custody for one year four months. It has further been submitted that there is no possibility of the trial being commencing as one accused person is absconding. Learned advocate for the State opposes the prayer for bail and submits that steps are being taken for exhausting the process of law and charges could not be framed because of one accused absconding.

Having considered the quantum of seizure, I am of the opinion that Section 37 of the NDPS Act is attracted. Accordingly, the prayer of bail of the petitioner being CRM (NDPS) 1573 of 2025 is rejected.

However, State is directed to take immediate steps for splitting up the trial of the case. The stage of consideration of charges be concluded at the earliest.

Petitioner would renew his prayer for bail after the stage of consideration of charges is over.

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.)