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Calcutta High CourtCRM(NDPS)/405/2025rejected

Nima Dukpa v. The State Of West Benga

2025-11-17Hon'Ble Justice Md. Shabbar Rashidi2 pages

17.11.2025 Item No.DL23 Court No. 4 REJECTED Asraf, A.R.(Ct.) Calcutta High Court In the Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction Appellate Side Case No. CRM (NDPS) 405 of 2025 In re : An Application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Jaigaon PS case no.31 of 2025 dated 11.02.2025 under Sections 21(C), 25 and 29 of the Narcotics Drugs and Psychotropic Substances, 1985.

-andIn the matter of :

NIMA DUKPA ... ... Petitioner For the Petitioner :

Mr. Pritam Roy Ms. Silpi Basu ... Advocates For the State :

Mr. Aditi Shankar Chakraborty, APP Mr. Kallol Nag ... Advocates 1.

It is submitted on behalf of the petitioner that the contraband were recovered from the possession of the petitioner without the presence of any independent witnesses. Only the police personnel have signed on the seizure list. Learned advocate for the petitioner further submits that there are other discrepancies with regard to the recovery and raid conducted by the authorities. 2.

State is represented.

3.

I have gone through the case diary.

4.

1,692 straps of SPSPHEN capsules were allegedly recovered from the possession of the petitioner. The petitioner is in custody for nine months. The case has ended into chargesheet.

5.

In view of the aforesaid materials on record available in the case diary including the seizure list, I am not in a position to return a finding that the petitioner was not involved in dealing with contraband articles. So far as procedural irregularities are concerned, that would be taken into consideration at the time of trial.

6.

Under such circumstances, I am not inclined to enlarge the petitioner on bail.

7.

Accordingly, the application for bail is rejected. 8.

CRM(NDPS) 405 of 2025 stands disposed of.

9.

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

( Md. Shabbar Rashidi, J. )