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2026 DAILYLAW 33448 (CAL)

ANANDA CHATTERJEE v. STATE OF WEST BENGAL

CRM (NDPS)/1699/2026 · 2026-08-20

Tirthankar Ghosh

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

20.08.2026 Court No.35. D/L. 847. Kausik (Rejected) CRM (NDPS) 1699 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 Coke Oven Police Station Case No. 90 of 2025 dated 05.07.2025 under section 20(b)(ii)(c)/29 of the NDPS Act, 1985. And In the matter of : Ananda Chatterjee ……Petitioner. Mr. Arnab Chatterjee Mr. Avik Ghosh ……for the Petitioner. Mr. L. Vishal Kumar Mr. Sanjib Das ……for the State. Learned advocate appearing for the petitioner submits petitioner is in custody from 05.07.2025. Although there is a recovery of 37.650 Kgs. of Ganja but from the petitioner 9.1 Kgs. have been recovered. Petitioner refers to the order of the Hon’ble Supreme Court in SLP (Crl.) No. 2949 of 2026 and submits that in the said case 12 Kgs. of Ganja were recovered from the accused who was subsequently granted bail. Learned advocate for the State opposes the prayer for bail and submits that the rigors of Section 37 of the NDPS Act is attracted. I have taken into account the judgment of the Hon’ble Apex Court relied upon by the petitioner wherein I find that 2 emphasis was not on the quantum of recovery from each individual but the same was on the foundation that investigation has been completed, charge sheet having been submitted and trial would take some time to be taken to its conclusion and the period of incarceration of the accused in the said case. Having regard to the facts of the present case, I am of the opinion that the said decision is not applicable as the same has been dealt with the fact situation of a case and no uniform ratio has been laid down. Having considered the same, I am not inclined to release the petitioner on bail. As such, prayer for bail of the petitioner is rejected. It has been informed that witness action has commenced. Learned Trial Court would expedite the process. Thus, CRM (NDPS) 1699 of 2026 is dismissed. Memo of Evidence submitted be kept with the record. 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.)