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2026 DAILYLAW 2393 (CAL)

UTPAL PAL v. STATE OF WEST BENGAL

CRM (NDPS)/345/2026 · 2026-02-24

Tirthankar Ghosh

Transfer Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.02.2026 Court No.35. D/L.58 Rakib (Allowed) CRM (NDPS) 345 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Patiram Police Station case no. 3 of 2025 dated 01.01.2025 under Sections 21(c)/22(c)/23(c)/27A of the of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of : Utpal Pal. ……Petitioner. Mr. Kaushik Choudhury Mr. Dwaipayan Panda ……for the Petitioner. Mr. Joydeepp Roy, Jr. Govt. Adv, Mr. Manoranjan Mahata ……for the State. Learned advocate for the petitioner submits that there was initial recovery of 20,725 ampoules of buprenorphine injections but so far as the present petitioner is concerned there has been no recovery from the present petitioner. However, the present petitioner has been implicated on the basis of the statement of the co-accused. Learned advocate for the State opposes the prayer for bail and submits that there were communications at the relevant period of time between the present petitioner and the principal accused. The Call Data Records will prove the relationship between the petitioner and the principal accused. I have taken into account the observations made in CRM (NDPS) 1713 of 2025. Although, CDRs were collected in course of the investigation but the same were not properly relied upon for legally admissible evidence in the charge-sheet submitted before the 2 learned Special Court and on the aforesaid ground another accused person has been granted bail. Petitioner being better placed than the other accused person who has been granted bail in CRM (NDPS) 1713 of 2025, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. As such, petitioner namely, Utpal Pal shall be released on bail upon furnishing 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, Special Court under NDPS Act cum learned Additional District & Sessions Judge, 3rd Court, Balurghat, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of Dakshin Dinajpur without prior permission of the learned Special Court. Accordingly, the prayer for bail in CRM (NDPS) 345 of 2026 is allowed. All parties shall act in terms of server copy of the order 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.)