29.9.2026 31 SB Ct no. 5 Rejected Calcutta High Court In the Circuit Bench at Jalpaiguri C.R.M. (NDPS) 467 of 2026 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS case no. 27 of 2024 arising out of NCB Crime no. 01/NCB/SLG/2024 under Sections 8(c) /20(b)(ii)(C)/29 of the NDPS Act 1985. And In the matter of : Prasenjit Sarkar …. Petitioner Mr. Hillol Saha Poddar …for the Petitioner Mr. Sudipto Kr. Mazumder, Ld. DSGI Mr. Sudip Kr. Paul ...for the NCB The allegation against the petitioner is that 326 kg. of Ganja was allegedly recovered from the possession of two accused persons including the present petitioner. Learned counsel for the petitioner in support of his bail prayer submits that long after 24 hours, the accused was produced before the concerned court violating the constitutional mandate and therefore, his arrest is illegal and he may be released on bail. He further submits that though the charge was framed on 21.1.2025 and the prosecution proposes to examine eight witnesses but till date, only one witness could be examined and nobody knows when the trial would be concluded. Therefore, the petitioner may be released on bail on any terms and conditions. 2 Learned counsel for the NCB opposed the bail prayer contending that the Division Bench of this High Court rejected the petitioner’s prayer for bail vide order dated 31.7.2024. The petitioner had not taken any such plea of illegal arrest since then, but suddenly he has come up with such defence though the arrest memo clearly says that the accused was arrested at 11.20 A.M. on 1.5.2024 and was produced before the court on 2nd May, 2024. He further submits that the next date for trial is fixed on 3.10.2026 and it is expected that within a short span of time, examination of rest seven witnesses would be concluded. Having heard learned counsel for the petitioner and the State and that the rigour of Section 37 of the NDPS Act clearly attracts in respect of the present petitioner and that from their joint possession, huge quantity of narcotic substance was recovered, the prayer for bail is considered and rejected. However, the Trial court is directed to expedite the trial and to make his best effort to conclude the trial preferably within a period of six months from the next date of hearing. If the accused finds no substantial progress in trial and the delay in trial is not attributable to him, he will be at liberty to renew his bail prayer after expiry of the period. Accordingly, CRM (NDPS) 467 of 2026 is disposed of. 3 Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)