Calcutta High CourtCRM(A)/547/2025allowed

Tapan Das v. The State Of West Bengal

2025-07-22Hon'Ble Justice Bibhas Ranjan De3 pages

22.07.2025 IN THE HIGH COURT AT CALCUTTA Item No.12 CIRCUIT BENCH AT JALPAIGURI Ct. No. 03 CRIMINAL MISCELLANEOUS JURISDICTION RUP Allowed C.R.M.(A) 547of 2025 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Rajganj Police Station Case No. 171 of 2023 dated 02.04.2023 under Sections 20(b)(ii)(c)/25/29 of Narcotic Drugs and Psychotropic Substances Act, pending before the Court of the Learned Judge, Special Court (Under NDPS Act), 1st Court, Jalpaiguri.

And In the matter of : Tapan Das ...... petitioner Mr. Biswarup Roy ....for the petitioner Mr. Aditi Shankar Chakraborty, Ld APP (VC) Mr. Arjun Chowdhury.

....for the State

1. Learned counsel appearing on behalf of the petitioner has submitted that co-accused of this case has already been granted bail by the co-ordinate Bench of this Court. The instant petitioner is also standing on the same footing.

2. It is further submitted that nothing was recovered from the possession of the petitioner and he is not named in the FIR also.

3. In this circumstances, though this case involves recovery of commercial quantity of contraband articles but the petitioner appears to have succeeded to overcome the statutory hurdle in terms of Section 37 of the Narcotic Drugs & Psychotropic Substances Act.

4. Considering the facts and circumstances, the prayer for anticipatory bail stands allowed.

5. Accordingly, the petitioner/Tapan Das is being enlarged on bail upon furnishing bond of Rs.10,000/- (Ten Thousand Only) with one sureties to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default the jurisdictional Court will pass appropriate order to secure the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court.

6. As a sequel, the application being C.R.M. (A) 547 of 2025 for anticipatory bail is, thus, allowed.

7. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

8. Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance of the requisite formalities.

(Bibhas Ranjan De. J.)