Uttam Barman v. The State Of West Bengal

30.06. 2025

IN THE HIGH COURT AT CALCUTTA

Item No.12 CIRCUIT BENCH AT JALPAIGURI KB Ct. no. 3 Allowed C.R.M (A) 418 of 2025 In re: An application for anticipatory bail under Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 04 of 2025 arising out of Ghoksadanga Police State Case No. 700 of 2024 dated 26.12.2924 under section 20(b) (ii) (c)/27A/28A/29 of NDPS Act, 1985.

And In Re :

Uttam Barman ... Petitioner.

Mr. Sourav Ganguly, Mr. Gopal Roy, Ms. Rishita Chakraborty, Mr. Bibhash Kr. Nandi ...for the petitioner.

Mr. Nilay Chakraborty, Mr. Tapan Bhattacharjee, ...for the State.

This is an application for anticipatory bail by the petitioner who apprehending arrest in connection with Ghoksadanga P.S. Case no.700 of 2024 under Section 20(b) (ii) (c)/27A/28A/29 of the NDPS Act, 1985.

Learned counsel for the petitioner submitted that he is not the person named in the FIR, nothing has been seized from his custody only his house has been raided by the investigating authority in connection with this case though nothing has been recovered from his house. He prayed for bail on any condition. Learned counsel appearing on behalf of the State strongly objects and submits there are strong connections between the four

accused persons of this case with the present petitioner. There are CDRs to the prove link of the petitioner with the other accused persons. Learned counsel for the State in his usual fairness submits that CD does not reflect anything recovered from the possession or house of the petitioner.

Having heard the learned counsel for the parties and considering the fact that no contraband article has been seized from the possession of the petitioner though his house has been raided, at this juncture, in my view, the custodial interrogation of the petitioner is not necessary. Accordingly, the anticipatory bail prayer of the petitioner is considered and allowed.

In the event of arrest, the petitioner, namely, Uttam Barman may fine bail of Rs.10,000/- (Rupees Ten Thousand Only) with two registered sureties, one must be local, subject to the satisfaction of learned Special Court, NDPS, Cooch Behar with a condition that the petitioner must appear before the I.O. once in a week until further order and shall comply with the conditions laid down under Section 438 (2), Cr. P.C.

The application for anticipatory bail CRM (A) No. 418 of 2025 is, thus, disposed of.

Parties to act upon the server copy and urgent certified copy of this order be provided on usual terms and conditions. ( Subhendu Samanta, J.)