Calcutta High Court (Appellete Side)
Samir Ghosh & Anr vs Unknown on 17 March, 2025
Author: Arijit Banerjee
Bench: Arijit Banerjee
42. 17.03.2025
Court
No.29 (Pritam)
(Allowed)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (NDPS) 281 of 2025
In Re: - An application for bail under Section 439 of the Code of
Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023, arising out of English Bazar Police
Station Case No.722/2024 dated 06.06.2024 under Sections
21(c)/29 of the Narcotic Drugs & Psychotropic Substances Act,
1985.
And
In the matter of: - Samir Ghosh & Anr.
...petitioners.
Mr. Imtiaz Ahmed,
Mr. Mazhar Hossain Chowdhury,
Ms. Sahin Sultana
...for the petitioners.
Mr. Abhishek Verma
...for the State.
Dictated by Arijit Banerjee, J.
1. The petitioners say that they are in custody for 100 days. They
say that no narcotics were recovered from their possession.
They pray for bail.
2. Learned State counsel opposes the prayer.
3. We have seen the material in the case diary. No narcotic was
recovered from the petitioners. Their complicity is only on the
basis of statement of a co-accused person before the police
officer, which is inadmissible in evidence.
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4. Under these circumstances, we are of the view that the
petitioners have been able to rebut the statutory restrictions
under Section 37 of the NDPS Act and they are entitled to bail.
5. Accordingly, we allow the petitioners’ prayer for bail.
6. Accordingly, we direct that the petitioners, namely, Samir
Ghosh & Goutam Ghosh shall be released on bail upon
furnishing a bond of Rs.25,000/- (Rupees Twenty Five
Thousand), with two sureties of like amount each, one of whom
must be local, to the satisfaction of learned Judge, Special
Court, 4th Court, NDPS Act, Malda. The petitioners shall appear
before the trial Court on each and every date of substantive
hearing subject to the provisions of Section 317 of the Code of
Criminal Procedure, 1973 / Section 355 of the Bharatiya
Nagarik Suraksha Sanhita, 2023 and shall not intimidate the
witnesses and/or tamper with evidence in any manner
whatsoever. The petitioners shall meet to the Officer-in-
Charge/Inspector-in-Charge of the concerned police station
once in a week, until further orders.
7. In the event the petitioners fail to comply with any of the
conditions stipulated above, the trial Court shall be at liberty to
cancel the bail in accordance with law without further reference
to this court.
8. The application for bail being CRM (NDPS) 281 of 2025 is, thus,
disposed of.
9. All parties shall act on the server copies of this order duly
downloaded from the official website of this Court.
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10. Criminal Section is directed to supply certified copies of
this order to the parties, if applied for, upon compliance of all
necessary formalities.
(Arijit Banerjee, J.)
(Apurba Sinha Ray, J.)