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2026 DAILYLAW 33409 (CAL)

BISWANATH DOLUI v. STATE OF WEST BENGAL

CRM (NDPS)/1708/2026 · 2026-08-21

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

21.08.2026 Court No.35. D/L.25. Rakib (Rejected) CRM (NDPS) 1708 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 Ultadanga Police Station case no. 129 of 2025 dated 16.08.2025 under Sections 20(b)(ii)(C)/29 of the NDPS Act. And In the matter of : Biswanath Dolui ……Petitioner. Mr. Ayan Basu Mr. Sk Salim Mr. Sumit Routh Mr. Anish Tiwari .....for the Petitioner. Mr. Lokesh Sharma Mr. Rishav Kumr Thakur ……for the State. Learned advocate appearing for the petitioner submits that petitioner is presently suffering from medical ailments and the same would be reflected from the order-sheets. In fact, petitioner could not make himself present because of medical ailments, for which the earlier direction of this Court could not be complied with. Learned advocate appearing for the State submits that there are no lacks of efforts on behalf of the prosecution to progress with the case but for reasons beyond control which in spite of every intention cannot be effected as the accused was not present on an earlier date. Records of the case reflect that the seizure in the present case is 94.325 kgs of ganja. 2 I restrained myself on commenting on the complicity of the present petitioner, however, the rigors of Section 37 of the NDPS Act at this stage is attracted. As such, I am not inclined to release the petitioner on bail. Learned advocate appearing for the petitioner emphasizes on medical grounds also and prima facie, it reflects also that petitioner is suffering from ailments. If an appropriate application is taken out on behalf of the petitioner, learned trial Court would pass necessary directions, if required, for the admission of the petitioner in a Government Super Specialty Hospital for proper treatment. With the aforesaid observations, CRM (NDPS) 1708 of 2026 is dismissed. Case Diary be returned to the learned advocate appearing for the State. 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.)