Shri. Raju Golder v. The State
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (NDPS)/4/2025 In RE: An application for bail under Section 483 of BNSS, 2023 in connection with FIR No. 78 of 2024 dated 01.09.2024 PS Rangat under Sections 22(b)/22(c)/29 of the NDPS Act, 1985.
And In RE: Shri. Raju Golder Mr. Ananda Halder ... for the petitioner Mr. Sumit Karmakar ... for the State February 21, 2025 [AKB] Item no. 1 1.
We are dealing with an application for bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita, 2023 filed on behalf of the petitioner Raju Golder in connection with FIR No. 78 of 2024 dated September 1, 2024 involving an offence under Section 22 (b) /22 (c) / 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) on account of recovery of Methamphetamine weighing 3.090 Kg as it appears from the seizure list.
2.
Mr. Ananda Halder, learned counsel appearing on behalf of the petitioner has submitted that two other co-accused were enlarged on bail by this Court and they were also apprehended along with the possession of contraband.
3.
Learned counsel appearing on behalf of the petitioner further submitted that the accused/petitioner is in custody for 150 days.
4.
Mr.
Sumit Karmakar, learned Public Prosecutor appearing on behalf of State opposes the prayer for bail
contending, inter alia, that two co-accused were enlarged on bail considering possession of contraband below the commercial quantity.
5.
Considering the rival contention as well as materials in the Case Diary prima facie it appears that more than commercial quantity of contraband was recovered from the possession of the accused/petitioner and in this situation, before delving into the merit, it would be profitable to reproduce the provision of Section 37 of the NDPS Act herein below: "37. Offences to be cognizable and non-bailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974).- (a) every offence punishable under this Act shall be cognizable, (b) no person accused of an offence punishable for [offences under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) .
the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail]" 6.
On plain reading of the statutory provision makes it abundantly clear that in the event, the public prosecutor opposes the prayer for bail either regular or anticipatory, as the case may be, the court would have to record a satisfaction that there are grounds for believing that the accused is not guilty of offence alleged in this case as well as the accused is not likely to commit any offence while on bail.
7.
Therefore, upon considering all the submission advanced on behalf of the parties we are unable to overcome the
legislative hurdle in terms of Section 37 of the NDPS Act, in considering the instant application under Section 483 of BNSS in favour of the accused.
8.
In the aforesaid view of the matter, no other option is left before this Court but to refuse the prayer for bail. Hence rejected.
9.
Accordingly the application being CRM (NDPS)/4/2025 stands disposed of.
(Aniruddha Roy, J.) (Bibhas Ranjan De, J.)