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Calcutta High CourtCRM (NDPS)/1587/2025allowed

Rajesh Sk And ANR. v. State Of West Bengal

2025-12-09Hon'Ble Justice Tirthankar Ghosh2 pages

09.12.2025 Court No.35.

D/L. 15 Rakib (Allowed) CRM (NDPS) 1587 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. 1337 of 2025 dated 17.06.2025 under Sections 20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Rajesh Sk & Anr.

......Petitioners.

Mr. Arnab Chatterjee Ms. Ankusha Ghosh ......for the Petitioners.

Mr. Antarikhya Basu Mr. Sobhan Gani ......for the State.

Learned advocate appearing for the petitioners submits that the subject matter of the case relates to 25.848 kgs of ganja being recovered from the joint possession of the petitioners. The investigation of the case has already been concluded and the prosecution has relied upon 16 witnesses in order to prove its case, as such there is no scope of the trial commencing in near future.

Learned advocate for the State opposes the prayer for bail and submits that one of the accused person is absconding and as such there is every possibility of the petitioners fleeing away from the process of law in case they are granted bail. I have taken into account the period of detention of the present petitioners. Having regard to the same, I am of the view

that further detention of the petitioners is unwarranted. Accordingly, the prayer for bail of the petitioners is allowed. As such petitioners namely, Rajesh Sk and Sain Sk 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 petitioners shall be physically present on each and every date so fixed before the learned Special Court 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. 1587 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.)