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2026 DAILYLAW 25654 (CAL)

MANISH RAI v. THE STATE OF WEST BENGAL

CRM(NDPS)/227/2026 · 2026-06-29

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.06.2026 Sl. No.12 Court No.7 SD CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL APPELLATE JURISDICTION CRM (NDPS) 227 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita 2023 filed in connection with Khoribari Police Station Case No.256 of 2025 dated 13.09.2025 under Sections 21(B)/21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In Re : Manish Rai. … Petitioner. Ms. Nancy Gurung Mr. Vishal Mukhia … for the Petitioner. Mr. Avrojyoti Das, Ld. APP Mr. Atul Dong … for the State. 1. Perused the supplementary affidavit filed by the petitioner annexing copy of the order passed by the coordinate Bench of this Court on December 23, 2025 in CRM (NDPS) 579 of 2025. 2. Learned advocate for the petitioner submits that on the ground of parity, bail ought to be granted to the petitioner. The petitioner is in custody for 289 days. 3. Learned advocate representing the State opposes the prayer for bail. It has been submitted that independent witnesses were not available. 4. It has further been submitted that the petitioner and the co- accused do not stand in the same footing, as claimed or at all. 5. The report of the State Forensic Science Laboratory has been placed before this Court. It appears therefrom that the 2 seized articles were tested and they were found to be covered under the purview of the NDPS Act, 1985. 6. Considering the fact that the quantity of the seized articles are all of commercial quantity within the rigors of Section 37 of the NDPS Act, the bail prayer of the petitioner stands rejected. 7. CRM (NDPS) 227 of 2026 is dismissed. 8. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 9. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)