Durga Chhetri@Durga Chettri v. The State Of West Bengal

27.04.2026 Court No.7 Item No.16 pk/AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 234 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jaigaon Police Station Case No.256 of 2025 dated 23.10.2025 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: Durga Chhetri @ Durga Chettri ....Petitioner.

Mr. Ankur Barman .... For the Petitioner.

Mr. Ujjwal Luksom Mr. Aniruddha Biswas ... For the State.

1. The report of the Registry incorrectly indicates that the earlier application of the petitioner was allowed.

2. It is submitted by the learned counsel for the parties that the earlier application was dismissed as not pressed.

3. The application for bail is canvassed on the ground that the petitioner is in custody for about 188 days.

4. It appears from the records that 17,695 capsules labeled as "SPM-PRX + WOCKHARDI" was seized from the petitioner.

5. The petitioner alleges that she was arrested by a male constable in violation of Section 42 of the NDPS Act.

6. This Court notes that the petitioner was arrested on the basis of a statement of a co-accused and contraband narcotics have been found in her custody. The petitioner has not made any other allegation of misconduct against the police personnel.

7. Having regard to the above, this Court is of the view that the petitioner has not been able to demonstrate any prejudice for alleged infraction of section 42 of the NDPS Act. Given the volume of narcotics seized from the petitioner this Court is not inclined to entertain the application of bail.

8. Hence, CRM (NDPS) 234 of 2026 is dismissed at this stage. (Rajasekhar Mantha, J.)