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2026 DAILYLAW 22981 (CAL)

SUKANTA KARAK @ SAGAR v. STATE OF WEST BENGAL

CRM (NDPS)/857/2026 · 2026-06-15

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

15.06.2026 IN THE HIGH COURT AT CALCUTTA Item No.13 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 857 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Penro Police Station Case No. 95 of 2025 dated 26.07.2025 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Sukanta Karak @ Sagar ... Petitioner. Mr. Sk. Toslim Ali ... For the Petitioner. Ms. Arushi Rathore, Mr. Sayan Mukherjee ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for about ten and a half months and the alleged recovery in the present case is of 32 kgs. of Ganja. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that date has been fixed for consideration of charges. However, no information has been received relating to the latest update regarding the progress of the case. Taking into account the quantity of seizure, I am of the opinion that provision of Section 37 of the NDPS Act is attracted. However, the accused cannot be kept indefinitely behind the bars. As such, it is directed that the prosecution, after consideration of charges, would first examine the 2 seizure list witnesses preferably within a period of three months. At this stage, the prayer for bail of the petitioner is rejected. The petitioner would be at liberty to approach this Court after the evidence of seizure list witnesses is over. The application for bail, being CRM (NDPS) 857 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)