Subhash Kumar v. State Of West Bengal

16.06.2025 Item no. 14.

Court No.2.

Kausik Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 223 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Phansidewa Police Station Case No. 440 of 2024 dated 02.11.2024 under Sections 21(c)/25/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Subhash Kumar ......Petitioner.

Mr. Hillol Saha Podder Mr. Amit Singha Mr. Bikash Singha ......for the Petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP Mr. Kallol Nag ......for the State.

Learned advocate appearing for the petitioner submits that hardly there are any materials to implicate the present petitioner and without any prima facie material the petitioner has been arrested from Ramgarh, Jharkhand. The petitioner is in custody for about three and half months. It has also been pointed out that the petitioner carries on a business having valid documents and the purchase of the ESKUF cough syrup was also on the basis of valid documents from Divine Health Care. To

that effect, invoices are available. It has also been submitted that one of the accused persons has already been released on bail and since investigation has been completed further detention of the petitioner is unwarranted.

Learned advocate for the State has produced the case diary and submitted that although the petitioner is the proprietor of Siddhi Vinayak Medical and Surgical of Ramgarh, Jharkhand but this huge amount of consignment was sold to unlicensed persons and the vehicle was intercepted at the stage of movement towards Agartala.

Having considered that no documents were produced by the petitioner so far as it related to the huge batch numbers in relation to the cough syrup which has been seized in connection with the instant case, I am of the view that the petitioner has prima facie failed to overcome the rigours of Section 37 of the NDPS Act. Consequently, CRM (NDPS) 223 of 2025 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)