Calcutta High CourtCRM (NDPS)/1638/2025allowed

Papan Das v. State Of West Bengal

2025-12-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.12.2025 Court No.35.

D/L. 23.

Rakib (Allowed) CRM (NDPS) 1638 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, in connection with Raghunathganj Police Station case no. 549 of 2022 dated 01.07.2022 under Sections 21(C)/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Papan Das.

......Petitioner.

Ms. Rituparna Ghosh ......for the Petitioner.

Mr. Bibhaswan Bhattacharya Ms. Sana Naaz ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is the only person who has been detained in custody, other accused persons have already been granted bail, as such only on grounds of Article 21 of the Constitution of India petitioner prays for bail as he is in custody since 01.07.2022.

Learned advocate for the State submits that 40 liters of phensedyl were recovered from a vehicle, petitioner along with others were present in the vehicle. However, it has been submitted that other persons who were in the vehicle have been released on bail.

Having considered that similarly placed accused persons have been released on bail, I am of the opinion further

detention of the petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is allowed. As such, petitioner namely, Papan Das 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 District Judge, 5th Court, Berhampore, Murshidabad.

If on bail, the petitioner 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. 1638 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.)