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Calcutta High CourtCRM(NDPS)/541/2025disposed

Sona Goswami @ Sona @ Rita Goswami And ORS v. The State Of West Bengal

2026-02-16Hon'Ble Justice Suvra Ghosh2 pages

16.02.2026 Item No.27 Ct.No.6 b.das Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (NDPS) 541 of 2025 In Re : An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali PS Case No.281 of 2025 dated 18.05.2025 under Sections 20(b)(ii)(c) of the NDPS Act.

And In Re :

Soma Goswami @ Sona @ Rita Goswami & Ors.

... Petitioners Mr. Biwarup Roy ... for the Petitioners Mr. Kallol Acharjee Mr. Sagnik Sankar Sikder ... for the State Learned counsel for the petitioners submits that no recovery has been made from the 3rd petitioner and contraband substance below commercial quantity has been recovered from the 1st and 2nd petitioners. Charge sheet has been submitted.

Learned counsel for the State opposes the prayer. In view of the fact that recovery made from the 1st and 2nd petitioners are below commercial quantity and no recovery has been made from the 3rd petitioner, this Court is inclined to hold that the petitioners have been able to rebut the statutory restriction laid down under Section 37 of the NDPS Act and are entitled to be released on bail.

Accordingly prayer for bail is allowed.

The petitioners Soma Goswami @ Sona @ Rita Goswami, Jaya Goswami @ Monalisa @ Joya & Manoj Kumar Shikder @ Manoj Sikdar @ Manoj Shikder be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (NDPS), 1st Court, Jalpaiguri subject to condition that they shall remain within the jurisdiction of learned Trial Court and shall appear before the learned trial Court on every date of hearing. They shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to comply with any of the conditions as mentioned above without justifiable cause, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

The application for bail being CRM 541 of 2025 is, thus, disposed of.

Case Diary be returned.

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

(Suvra Ghosh, J.)