Tara Shankar Sharma v. State Of West Bengal

17.12.2025 Serial no. 17 [G.S.D] CRM (NDPS) 1631 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Manikchak Police Station Case No. 401 of 2025 dated 06.06.2025 u/s 21(c)/27A/29 of the NDPS Act, 1985 relating to NDPS Case no. 44 of 2025.

-AndIn the matter of : Tara Shankar Sharma ... ... Petitioner(s) Mr. A. Ghosh ... for the Petitioner(s) Mr. Ranabir Roy Chowdhury Mr. Nirupam Dhali ... for the State-respondent(s) Learned advocate appearing for the petitioner submits that the petitoner has been implicated on the basis of the statement of a co-accused for alleged recovery of 413 bottles of phensedyl. Learned advocate also submits that the petitioner is in custody for five months and fifteen days and charges have been framed, as such, further detention of the present petitioner is unwarranted.

Learned advocate for the State has submitted a report and emphasized that there are antecedents of the present petitioner and number of criminal cases are pending against him.

I have taken into account the fact that all the offences complained of are only under Indian Penal Code/BNS. This is the only case under NDPS Act, where the

petitioner has been implicated and the same is on the basis of the statement of a co-accused.

Having considered that no recovery has been made from the petitioner, I am of the view that the petitioner is entitled to be released on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Tara Shankar Sharma 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-cumAdditional Sessions Judge, 4th Court, Malda. If on bail, the petitioner shall be physically present on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of Malda without prior permission of the learned Trial Court/Special Court Accordingly, CRM(NDPS) 1631 of 2025 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.)