Calcutta High CourtCRM (NDPS)/1683/2025disposed

Utpal Gupta v. State Of West Bengal

2026-01-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.01.2026 Court No.35.

M/L.119.

Rakib CRM (NDPS) 1683 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 Kaliachak Police Station case no. 1440 of 2024 dated 12.09.2024 under Sections 21(C)/25/27A/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Utpal Gupta ......Petitioner.

Mr. Avinaba Patra Mr. Dipayan Kundu ......for the Petitioner.

Ms. Subhashree Patel Mr. Dhanasree Biswas ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for one year five months and there has been recovery of 301 bottles of phensedyl. Earlier bail application was rejected by this Hon'ble High Court as well as by the Hon'ble Supreme Court. Presently, the time period fixed by the Hon'ble Supreme Court to complete the trial has already expired long ago. It has additionally been submitted that the petitioner has a valid drug license for carrying on business of medicine. There was shifting of certain medicines including the present cough syrup when he was intercepted by the police authorities.

Learned advocate for the State submits that out of 11 witnesses evidence of more than 7 witnesses are over and the next date has been fixed in February, 2026.

Having considered the same, I am of the view that if by 28th of February, 2026 rest of the witnesses are not completed, the

learned trial Court will release the petitioner on bail on such conditions as he deems fit and proper for ensuring further appearance of the accused in course of the trial. With the aforesaid observations CRM (NDPS) 1683 of 2025 is disposed of.

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.)