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2026 DAILYLAW 41828 (CAL)

KIRTAN RAJHANSA AND ANR. v. STATE OF WEST BENGAL

CRM (NDPS)/1949/2026 · 2026-09-16

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16.09.2026 Court No.35. D/L.36. Rakib (Rejected) CRM (NDPS) 1949 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 Mathurapur Police Station case no. 33 of 2026 dated 21.02.2026 under Sections 20(b)(ii)(C) of the NDPS Act. And In the matter of : Kirtan Rajhansa & Anr. ……Petitioners. Mr. Ashok Sahoo ......for the Petitioners. Mr. L. Vishal Kumar Mr. Sanjib Das ……for the State. Learned advocate appearing for the petitioners submit that the recovery in the present case has allegedly been stated to be from joint possession of the petitioner and others. The recovery is of 23.9 kgs of ganja. Petitioners are in custody since 21.02.2026, charge-sheet has already been submitted and there is no possibility of the trial being taken to its logical conclusion, as such, petitioner be released on bail on any stringent conditions, particularly for petitioner no.2 who is suffering from ailments. Learned advocate appearing for the State has opposed the prayer for bail and submitted that the recovery was from the conscious possession of the present petitioners, the charge-sheet reflects the same. There has been no deviation in adhering to the provisions of law, as such, prayer for bail be rejected. Having considered the materials appearing against the present petitioners, I am of the opinion that the rigors of Section 37 of the 2 NDPS Act is attracted. As such, prayer for bail of the petitioners is rejected. Accordingly, CRM (NDPS) 1949 of 2026 is dismissed. 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.)