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2026 DAILYLAW 29051 (CAL)

PRAKASH ROY v. STATE OF WEST BENGAL

CRM (NDPS)/1303/2026 · 2026-07-20

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.07.2026 Court No.35. D/L. 40. Kausik (Allowed) CRM (NDPS) 1303 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Berhampore Police Station Case No. 2395 of 2025 dated 10.11.2025 under Sections 20(b)(ii)C/29 of the NDPS Act. And In the matter of : Prakash Roy ……Petitioner. Mr. Robiul Islam Mr. Masooq Rahman ……for the Petitioner. Mr. Gurudas Mitra Mr. Utsav Dutta ……for the State. Learned advocate appearing for the petitioner submits that the petitioner was arrested on 10th November, 2025 and since then he is in custody. The subject matter of seizure in the present case is 22.300 Kgs. of Ganja. The other accused person is absconding, as such there is no possibility of the trial commencing in near future. Thus, according to the learned advocate, petitioner may be released on bail. Mr. Mitra, learned advocate for the State opposes the prayer for bail. I have taken into account the quantum of seizure and detention period which is for a period of 7 months and in the charge sheet prosecution has relied upon 14 witnesses. 2 Having considered the time which will be consumed to take the trial to its logical conclusion and as there are no antecedents of the present petitioner which is primarily reflecting from the Memo of Evidence which has been submitted, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Prakash Roy 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 Learned Judge, under NDPS Act, 5th Court, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Murshidabad without the prior permission of the learned Special Court. Thus, CRM (NDPS) 1303 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.)