19.12.2025 Item No.DL36 Court No. 35 ALLOWED IN-PART Asraf, A.R.(Ct.) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Case No. CRM (NDPS) 841 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Patiram Police Station case no. 3 of 2025 dated 01.01.2025 under Sections 21(c), 22(c), 23(c) and 27A of the Narcotics Drugs and Psychotropic Substances Act, 1985. -AND- In the matter of : Akhil Pal @ Paul & Anr. ……Petitioners For the Petitioner : Mr. Ayan Bhattacharyya, Sr. Advocate Mr. K. Choudhury …Advocates For the State : Mr. Bitashok Banerjee Mr. Sharequl Haque …Advocates 1. Report submitted by the State be kept with the record. 2. Learned Senior Advocate appearing on behalf of the petitioners submits that they are in custody since 1st January, 2025 and hardly there has been any progress in the trial of the case, further the petitioners have been implicated only on the basis of the statement of the co- accused and there is no recovery from the present petitioners. Additionally, it has been submitted that the seizure in respect of 20,725 ampoules of burprenorphine injections was from one Alok Mondal. Learned Senior Page 2 Advocate for the petitioners further submits that there being no possibility of the trial concluding in the near future, the petitioners may be released on bail on any stringent condition. 3. Learned advocate appearing for the State opposes the prayer for bail and submits that the huge quantity of contraband was recovered from one Alok Mondal. There has been communication which is reflected from the call data records of Alok Mondal and the petitioner no.2, Utpal Paul. On query from the Court, learned advocate for the State could not establish any relationship of petitioner no.1, Akhil Pal @ Paul, except the fact that the petitioner no.1 is the father of the petitioner no.2 and are closely associated. 4. On an assessment of all the facts and materials, I am of the view that the petitioner no.1 has been able to overcome the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 while the petitioner no.2 has failed to overcome such rigors. 5. Accordingly, the prayer for bail in respect of petitioner no.1 is allowed while the prayer for bail of the petitioner no.2 is rejected. 6. As such, the petitioner no.1, namely, Akhil Pal @ Paul shall furnish bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge(under NDPS Act)-cum- Page 3 Additional District & Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat. 7. If on bail, the petitioner no.1 shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner no.1 shall not leave the jurisdiction of district of Dakshin Dinajpur without prior permission of the learned Special Court. 8. Accordingly, CRM(NDPS) 841 of 2025 is allowed in-part. 9. Case diary be returned to the learned advocate appearing for the State. 10. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 11. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Tirthankar Ghosh, J. )