Arjun Sarkar v. The State Of West Bengal

11.09.2025 Ct. No.3 Sl. No.33 Mujahid CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH AT JALPAIGURI

C.R.M. (NDPS) 407 of 2025 In Re: An application for bail under Section 483 of the BNSS, 2023 in connection with Bhaktinagar P.S. Case No. 1188 of 2024 dated 26.12.2024 under Sections 21(C)/22(c) of the NDPS Act, 1985. -AndIn the matter of: Arjun Sarkar

...Petitioner

Dr. Arjun Chowdhury, Ms. Pratush Dutta Chowdhury, Ms. Sunayana Parveen, Ms. Riya Agarwal, Mantu Mandal ...for the Petitioner Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Aniruddha Biswas ...for the State 1.

Learned counsel for the petitioner submits that petitioner's wife Ms. Rakhi Saha holds valid drug licence under the Drug and Cosmetic Rules, 1945. Learned counsel submits that petitioner being husband helps the wife in running the business. Learned counsel submits that under schedule H-1 of the Drug and Cosmetic Act, the possession of such substance is permissible. 2.

Learned counsel for the State has fairly not disputed the submissions and has submitted that the valid licence has been handed over to the I.O. The petitioner is in custody for the last 8 months. The charge-sheet has already been filed. 3.

Therefore, the prayer of bail is considered and allowed.

4.

Thus, taking into account the facts and circumstances of this case petitioner is admitted to bail upon furnishing a personal bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (NDPS) Act), Additional Distrcit & Sessions Judge, 1st Court at Jalpaiguri, subject to the condition that the petitioner shall attend the trial regularly and subject to the conditions as laid down under Section 439 of the Cr.P.C. corresponding to Section 483 of the BNSS, 2023 and on further condition not to threaten or intimidate witnesses and to attend the jurisdictional court on dates fixed.

5.

Accordingly, C.R.M. (NDPS) 407 of 2025 stands disposed of.

6.

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.)