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2026 DAILYLAW 48317 (CAL)

GAUTAM MALAKAR v. STATE OF WEST BENGAL

CRM (NDPS)/2146/2026 · 2026-10-08

Tirthankar Ghosh

body2026

Judgment text

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08.10.2026 IN THE HIGH COURT AT CALCUTTA Item No.2 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 2146 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Gaighata Police Station Case No. 778 of 2024 dated 28.08.2024 under Sections 21(C)/25/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Gautam Malakar ... Petitioner. Mr. Akash Dutta ... For the Petitioner. Mr. Kallol Mondal, Ld. PP, Mr. Anamitra Banerjee, Mr. Utsav Dutta ... For the State. Learned advocate appearing for the petitioner prays for extension of interim bail of the petitioner. The interim bail was granted to the petitioner on the grounds of performing the last rituals of his father who expired. I find that so far as the case is concerned, there has been alleged recovery of 27600 bottles of Phensedyl. So far as the petitioner is concerned, from him 1000 bottles of Phensedyl were recovered. One of the co-accused approached the Hon’ble Supreme Court wherein the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No(s). 17469/2025 was pleased to refuse bail with a condition to conclude the trial within a period of one year. Such order was passed on 16.01.2026. Accordingly, the prayer for extension of interim bail of the petitioner is hereby refused. 2 Petitioner is directed to surrender by 13.10.2026. At this stage, considering the huge quantum of seizure and the trial in progress, the prayer for bail of the petitioner is rejected. Petitioner will renew his prayer for bail in February, 2027. Memo of Evidence and copy of the order passed by the Hon’ble Supreme Court submitted on behalf of the State be kept with the record. The application for bail, being CRM (NDPS) 2146 of 2026, is, thus, disposed of. All concerned parties shall act on the server copy of this order duly 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.)