Calcutta High CourtCRM(NDPS)/378/2025allowed

Poppu Ghosh @ Pappu Ghosh v. The State Of West Bengal

2025-09-04Hon'Ble Justice Dinesh Kumar Sharma2 pages

04.09.2025 Ct. No.3 Sl. No.62 kaushik (Allowed) CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

C.R.M. (NDPS) 378 of 2025 In Re: An application for bail under Section 483 of the BNSS, 2023 in connection with Bhaktinagar P.S. Case No. 209 of 2025 dated 06.03.2025 under Sections 21(C)/22(C)/25/29 of the NDPS Act, 1985.

-AndIn the matter of: Poppu Ghosh @ Pappu Ghosh

...Petitioner

Mr. Dr. Arjun Chowdhury Mr. P. Dutta Chowdhury Ms. Sunayna Parveen Ms. Riya Agarwal Mr. Montu Mondal Mr. Bappaditya Roy ...for the Petitioner Mr. Niloy Chakraborty Mr. Sourav Ganguly ...for the State Learned counsel for the petitioner submits that identically placed persons were admitted to bail by this Court in CRM (NDPS) 343 of 2025 dated 2nd September, 2025. Learned counsel for the State has fairly submitted that the present petitioner is similarly placed with the co-accused persons who were admitted to bail in the order dated 2nd September, 2025. It was held as follows:

"1. Learned counsel for the petitioners submits that recovery was effected from the godown of M/s. Asha Surgical. Learned counsel further submits that petitioners were merely an employee of M/s. Asha Surgical. Learned counsel submits that at

the relevant time the petitioners were merely making the inventory and they could not produce the drug licence.

2. Learned counsel for the State has fairly submitted that recovery was effected from the godown of M/s. Asha Surgical and M/s. Asha Surgical had the valid drug licence at the relevant time. Learned counsel has also submitted that the petitioners are the employees of M/s. Asha Surgical.

3. Since, M/s. Asha Surgical had valid drug licence regarding the alleged recovery of capsules and cough syrup and the petitioners was merely an employee.

4. The rigour of Section 37 of the NDPS Act may not attract upon the present petitioners.

5. Therefore, the prayer of bail is considered and allowed." Accordingly, the petitioner shall be released on bail upon furnishing a personal bond of Rs.20,000/-, with two sureties of the like amount each, one of whom must be local, to the satisfaction of the learned Special Court (Under NDPS Act) 1st Court, Jalpaiguri and also on condition that the petitioner shall not leave the jurisdiction where the petitioner reside and the petitioner shall not threaten, intimidate or tamper with witness in any manner whatsoever.

Accordingly, C.R.M. (NDPS) 378 of 2025 stands disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties upon compliance of all legal formalities.

(Dinesh Kumar Sharma, J.)