Calcutta High CourtCRM (NDPS)/1696/2025allowed

Gavind Upadhyay v. State Of West Bengal

2026-01-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.01.2026 Court No.35.

M/L. 132.

Kausik (Allowed) CRM (NDPS) 1696 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Malda Town GRPS Case No.

25/2025 dated 24.03.2025 under Section 20(b)(ii)(c)/29 of the NDPS Act, 1985.

And In the matter of : Gavind Upadhyay ......Petitioner.

Mr. Arup Kumar Bhowmick ......for the Petitioner.

Mr. Ranabir Roy Chowdhury Mr. Md. Yaser Ammar Ismail ......for the State.

Learned advocate appearing for the petitioner submits that petitioner has been implicated with another for alleged possession of 27 Kgs. of Ganja and is in custody for 10 months. Till date charges have not been framed as such the petitioner may be released on bail on any stringent condition. Learned advocate for the State opposes the prayer for bail and submits that all efforts are being taken for the prosecution to prove its case.

I have taken into account the period of detention of the present petitioner and is of the view further incarceration is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed.

Petitioner, namely, Gavind Upadhyay shall furnish 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 Learned Judge, Special Court (under NDPS Act) cum Learned Additional District and Sessions Judge, 3rd Court, Malda.

If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) 1696 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.)