Sadhan Biswas v. The State Of West Bengal

February 11, 2026 29 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 552 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Mathabhanga Police Station case no. 124 of 2025 dated 20/2/2025 under Sections 20(b)/(c)/29 of the NDPS Act.

And In Re :

Sadhan Biswas ... Petitioner Adv. Sourav Ganguly, Adv. Rishita Chakraborty, ... for the Petitioner.

Adv. Abhijit Sarkar, Adv. Sagnik Sankar Sikdar, ...for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for more than three hundred days. Trial has commenced. There are several contradictions/discrepancies in the version of the witnesses examined so far. The seizure was done before arrival of the learned Executive Magistrate and the seizure was not videographed in accordance with law. Learned counsel alleges violation of Section 42 of the NDPS Act. Learned counsel for the State opposes the prayer. I have considered the material on record.

It prima facie appears from the evidence of witnesses including the defacto complainant that the witnesses have made contradictory statements. Presence of the learned Executive Magistrate at the time of seizure and videograph of the said seizure are not found in the

evidence led by the witnesses. The Case Diary does not reflect compliance of Section 42 of the NDPS Act.

In view of the above, this Court is inclined to hold that the petitioner has been able to rebut the statutory restrictions under Section 37 of the NDPS Act and is entitled to bail. Accordingly, the prayer for bail is allowed.

The petitioner namely Sadhan Biswas be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty thousand only), with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar subject to condition that he shall remain within the jurisdiction of the learned trial Court and shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

The application for bail is thus disposed of. Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)