Kedar Prasad v. The State Of West Bengal

09.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.23 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.

Allowed C.R.M. (NDPS) 184 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with New Jalpaiguri GRPS Case No. 73 of 2024 dated 16.09.2024 under Sections 8(c)/20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Kedar Prasad ... Petitioner.

Mr. Bibek Tarafder ... For the Petitioner.

Mr. Aditi Shankar Chakraborty, APP, Mr. Aniruddha Biswas ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner was arrested on 16.09.2024 and since then, he is in custody. Additionally, it has been submitted that lastly prayer for bail of the petitioner was rejected on 12.02.2025 in CRM (NDPS) 10 of 2025. Learned advocate emphasizes that since the petitioner is in custody for more than eight months, on any stringent condition he may be released on bail.

Learned advocate appearing for the State opposes the prayer for bail and submits that recovery of 28.300 kgs. of ganja/contraband was made from the possession of the petitioner which is commercial quantity and as such, at this stage, after the investigation has been concluded and the trial court is in helm of affairs, the prayer for bail of the petitioner should be rejected.

I have considered the period of detention of the petitioner and the stage of the case. Having regard to the same, I am of the view that further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner shall furnish bond to the satisfaction of the learned Special Court. However, one of the sureties should be local. It is categorically stated that the local surety for the purposes of the case would be by an individual within the jurisdiction of learned Special Court (under NDPS Act) Jalpaiguri who would submit a title deed of a property to be retained till the end of trial of the case. The petitioner shall make himself available on each and every date of the trial and would cooperate with progress of the case.

The application for bail, being CRM (NDPS) 184 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)