03. 13.08.2026 Court No.29 (Tanmoy) Rejected CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(NDPS)/268/2026 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Kotwali P.S. Case No. 98/2024 dated 13.02.2024. And In the matter of: - SUBHASH CHANDRA ROY …petitioner. Mr. Jaydeep Kanta Bhowmik Mr. Sayantan Bhowmik Ms. Jasmin Haque …for the petitioner. Mr. Aurojyoti Das, Ld. APP Mr. Debabrata Rai …for the State. Dictated by Arijit Banerjee, J. 1. The petitioner says that although the scooty, from which commercial quantity of contraband items was recovered, belongs to him, on the relevant date, the scooty was not in his possession. It had been handed over to a third person as security for a loan taken by the petitioner to tide over financial crunch. 2. The petitioner further says that he is in custody for six months. Charge-sheet has been filed. He prays for bail. 3. Learned State Counsel says that his instruction is that the petitioner has criminal antecedents. Undisputedly, the concerned scooty is registered in the petitioner’s name. He opposes the prayer. 2 4. I find that admittedly, the concerned scooty belongs to the petitioner. There was recovery of commercial quantity of contraband from the scooty. 5. In view of the restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, I am not inclined to allow this application for bail. 6. The application being CRM(NDPS)/268/2026 is accordingly dismissed. (Arijit Banerjee, J.)