15.07.2025 Item no.42 Ct. No. 29 sg C.R.M. (NDPS) 523 of 2025 In Re:- An application for bail under section 439 of the Code of Criminal Procedure 1973, corresponding under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with T.R.- 23 of 2023 arising out of NCB 24/NCB/Kol/2023 dated 28.04.2025 under sections 15( c)/8 (c)/28/29/35 of the NDPS Act, 1985. In the matter of : Rajesh Prasad Gupta @ Rajesh Prosad Gupta @ Rajesh Kumar Gupta …. Petitioner. Mr. Soumyajit Das Mahapatra Mr. Soumya Basu Roy Chowdhury …for the Petitioner. Mr. Himanshu De, Sr.Adv. Mr. Sourav Mondal ...for the Narcotics Control Bureau (NCB). It is submitted on behalf of the petitioner that the petitioner is in custody for about two years and he has a valid license of tobacco business. Santanu Banerjee who is his manager has used petitioner’s GST number without any authority and booked the consignment through one Jayanta Mondal. The mobile number is also of a different person and the prosecution has levelled allegations against the present petitioner only on the basis of the co-accused statement and the CDR. He further submits that the prosecution proposes to examine ten charge sheeted witnesses but trial has not yet started since the charge has not yet framed in the said case. Accordingly he prays for bail on any terms and conditions. 2 Learned counsel appearing on behalf of the NCB opposed to the bail prayer contending that the alleged accused person has criminal antecedents for illegal trafficking of narcotics and he is also involved in narcotics case at Chandigarh. He further submits that in connection with seizure huge quantity of narcotics drugs and other materials were recovered and they have collectively entered into a criminal conspiracy towards illegal trafficking of the Narcotics Drugs with the sole intention of illegal enrichment. He also pointed out co- accused statement and the CDR analysis, which shows that there were 142 phone calls in between the present petitioner and his alleged manager Santanu. He further submits that even the GSTIN number is a fake one as one number is missing from the original GSTIN number of the petitioner. Since the petitioner is knowingly and deliberately involved in illicit trafficking of 89 kgs of Poppy Straw, he should not be enlarged on bail. I have considered the facts and circumstances of the case and the materials placed before me in respect of the present petitioner. The charge has not yet framed but the prosecution proposes to examine ten witnesses and as such there is hardly any possibility of conclusion of trial within a short period of time, though petitioner already suffered long incarceration. 3 In view of the above the petitioner is enlarged on interim bail, only on the touchstone of Article 21 of the Constitution of India. Accordingly, the petitioner namely, Rajesh Prasad Gupta @ Rajesh Prosad Gupta @ Rajesh Kumar Gupta shall be released on interim bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, Howrah and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. The petitioner shall not leave the geographical limit of District of Howrah without taking leave from the court below and shall meet the Investigating Officer, Howrah Police Station thrice in a week until further order. Accordingly, C.R.M. (NDPS) 523 of 2025 is disposed of. Matter to appear in the list four weeks hence. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.) 4