Calcutta High CourtCRM(NDPS)/120/2025rejected

Bijoy Sikder And ANR v. Thestate Of West Bengal

2025-04-24Hon'Ble Justice Shampa Dutt (Paul)2 pages

IN THE HIGH COURT AT CALCUTTA

IN THE CIRCUIT BENCH AT JALPAIGURI

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE 24.04.2025 (ct. no.03) BR CRM (NDPS) 120 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita,2023.

And In the matter of : Bijoy Sikder and another .... Petitioner.

Mr. Sudip Guha, Mr. Sandip Guha Roy Mr. Ananda Paul, Ms. Ankita Nag ... For the Petitioner Mr. Abhijit Sarkar Mr. Aniruddha Biswas ... for the State.

1. The prayer for bail in this case arises out of an order dated 8.1.2025 passed by the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar, rejecting the petitioners' prayer for bail in connection with Dinhata Police Station Case Number 650 of 2024 dated 22.12.2024 under Section 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act and corresponding to NDPS Case No. 129 of 2024.

2. Petitioners' case is that they are in custody for 120 days and the case against them being false they are entitled to bail.

3. The State has placed the case diary, wherein it appears that the accused persons were arrested on the basis of

source information and Ganja was recovered from their possession.

4. It appears from the arrest- cum-inspection memo, that at column-10, it is noted that the grounds of arrest was informed to their family members over mobile phone. The said information and mobile number over which the grounds of arrest was informed to their families in presence of the accused whose signature is found on the arrest-cum-inspection memo.

5. As such, this Court finds that prima facie the mandatory provision of Section 52(1) of the NDPS Act has been duly complied with in the present case in respect of the petitioners herein.

6. Thus, considering the nature of offence and the early stage of investigation the prayer for bail stands rejected.

7. CRM (NDPS) 120 of 2025 stands disposed of.

8. All connected application stand disposed of.

9. Interim order, if any, stands vacated.

10. Copy of this order be sent to the learned Trial Court for necessary compliance.

11. Urgent certified website copy of this order, if applied for, be supplied expeditiously after complying with all necessary legal formalities.

(Shampa Dutt ( Paul ), J.)