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2026 DAILYLAW 27639 (CAL)

JITENDRA NATH GOPE v. STATE OF WEST BENGAL

CRM (NDPS)/940/2026 · 2026-07-13

Tirthankar Ghosh

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.19 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 940 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pandua Police Station Case No. 712 of 2025 dated 23.09.2025 under Sections 20(b)(ii)(c)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Sri Jitendra Nath Gope ... Petitioner. Mr. Satadru Lahiri, Mr. Poulam Dey, Ms. Sneha Ghosh, Mr. Amaan Deep Gupta ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Rajesh Kumar Shah ... For the State. Learned advocate appearing for the petitioner submits that firstly, the language, in which the grounds of arrest have been served, is unknown to the petitioner and secondly, the grounds of arrest did not disclose the offence against the petitioner. Learned advocate appearing for the State has referred to the seizure list as well as the memo of the grounds of arrest. In view of the issue relating to the grounds of arrest being first time canvassed before this Court, the petitioner would canvass such issue before the learned Special Court as it was incumbent upon the State to produce all the relevant documents as per the decision of the Hon’ble Supreme Court in Dr. Rajinder Rajan Vs. Union of India and 2 another arising out of SLP(Crl.) No(s). 3326 of 2026. Since the trial court records are not available to this Court, the Court could not deal with the issue. Further the order regarding first production is silent on such issues. In view of the aforesaid, the prayer for bail of the petitioner is rejected. However, this order will not prevent the learned Trial Court to take independent decision inconsonance with the judgement of the Hon’ble Supreme Court, as referred to above, in view of the principle and ratio laid down in the said judgement. Mr. Gouranga Kumar Das, learned APP along with Mr. Rajesh Kumar Shah, learned advocate was directed to appear on behalf of the State. Their appointment may be regularised by the concerned authorities. The application for bail, being CRM (NDPS) 940 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.)