Prabhat Chandra Barman @ Probhat Chandra Barman v. The State Of West Bengal

19.06.2025 Item no. 21.

Court No.2.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction CRM (NDPS) 267 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station case no. 154 of 2025 dated 21.03.2025 under Sections 20(b)(ii)(c)/25 of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Prabhat Chandra Barman @ Probhat Chandra Barman.

......Petitioner.

Mr. Sandip Guha Roy.

......for the Petitioner.

Mr. Abhijit Sarkar, Mr. Tapan Bhattacharjee.

......for the State.

Learned advocate for the petitioner submits that the petitioner is in custody for about 90 days and the seizure was on the basis of the statement of co-accused. It has also been submitted that the quantum of recovery was to the tune of 27.9 kgs. and the petitioner's premises have been shown to be place of seizure for which the petitioner has been arraigned as an accused and detained in connection with the instant case. Learned advocate has referred to certain documents. I have considered the documents which are photostat copy of notarized documents.

Learned advocate appearing for the State has produced the Case Diary.

I have considered the materials on record and I find that the present petitioner is situationally not similarly situated as that of the other accused namely, Sakil Sekh, as no recovery was made from the possession and the said accused, while recovery has been made from the house of the present petitioner.

Having considered the same, I am of the view that this not a fit case for granting bail at this stage. Petitioner would be at liberty to renew his prayer for bail after the consideration of charges are over.

Accordingly, CRM (NDPS) 267 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.)