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2026 DAILYLAW 34592 (CAL)

ANANDA DEBNATH v. THE STATE OF WEST BENGAL

CRM(NDPS)/330/2026 · 2026-08-13

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10 13-08-2026 (ct. no.11) KOLE 1635 In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (NDPS) 330 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Sitai Police Station Case No. 179 of 2025 dated 25.07.2025 under Sections 20(b)(ii)(c) of the NDPS Act, 1985. - A n d - In the matter of : Ananda Debnath .... Petitioner. Mr. Arjun Chowdhury, Mr. S. Parveen, Ms. Riya Agarwala, … For the Petitioner. Mr. Abrajyoti Das, Mr. Uday Bhattacharjee, Ms. B. Chakraborty, … For the State. 1. 218 kgs of ganja was seized from the exclusive possession of the petitioner. 2. Learned Advocate for the petitioner says that the petitioner is a political person. He has been framed in this matter. The search and seizure process was not videographed. He is in custody for one year. Charge was framed in May, 2026. Not a single witness has been examined. In view of the failure on the part of the State to videograph the process of seizure and also on the touchstone of Article 21 of the Constitution of India, the petitioner prays for bail. 3. Learned State Advocate opposes the prayer. He points out with reference to the FIR that the seizure process was being recorded but the recording device ran out of battery. Hence, the 2 process had to be discontinued. There is very strong incriminating evidence against the petitioner. All efforts will be made to conclude the trial on an early date. 4. I have been shown the decision of the Hon’ble Apex Court in the case of Rahul Rahaman-vs.-NCB in SLP (Crl.) No. 11712 of 2025. In that decision the Hon’ble Apex Court affirmed the decision of our Court in Kalu Sk. @ Kuran-vs.-State in CRM (NDPS) No. 493 of 2022, which made videography of the seizure process mandatory in this. The said decision is to the effect that if videography is not done, reasons therefor have to be recorded. 5. In the present case, a reason has been recorded by the prosecution. Huge quantity of contraband is involved. Keeping in view the restrictions in Section 37 of the NDPS Act, I am not inclined to allow this application. 6. CRM (NDPS) 330 of 2026 is, thus, dismissed. 7. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )