Krishna Prasad@Bhola v. The State Of West Bengal

13.06.2025 Item no. 5.

Court No.2.

Kausik Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 233 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special NDPS Case No. 12 of 2025 arising out of Reang Police Station Case No. 14 of 2025 dated 05.03.2025 under Sections 22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of : Krishna Prasad @ Bhola ......Petitioner.

Mr. Sourav Ganguly Ms. Rishita Chakraborty Mr. Bibhas Kr. Nandi ......for the Petitioner.

Mr. Abhijit Sarkar Mr. Tapan Bhattacharjee ....for the State.

Learned advocate appearing for the petitioner submits that petitioner is a driver of a commercial vehicle who has been implicated in connection with the instant case without any fault of his own and the contraband which were seized were not to the knowledge of the present petitioner which was kept in the middle seat behind the driver seat in between the other two accused persons who were plying the vehicle. As such, learned

advocate prays that on any condition the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that the investigation of the case is in progress. The contraband(s) which were seized are above commercial quantity. Consequently, at this stage, I am not inclined to release the petitioner on bail as the rigors of Section 37 of the NDPS Act are attracted. However, the petitioner will be at liberty to approach this Court after the report in final form is submitted before the jurisdictional court.

Accordingly, CRM (NDPS) 233 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.)