CRM (NDPS)/2137/2026 of ROCKY AGARWAL @ PANKAJ @ PANKAJ AGARWALLA Vs STATE OF WEST BENGAL on 28 September 2026

1. Memo of evidence be kept with the record.

2. It is argued on behalf of the learned advocate that no recovery was from this person neither he was owner of truck and his name was surfaced when two accused persons were intercepted with huge quantity of 749 bottles cough syrup. It is also submitted that he has been falsely implicated in the case that there is no evidence such like CDR against him which can entangled him in this case. Presently petitioner is in custody for 53 days and prays for bail.

3. Learned advocate appearing for the State opposes the prayer and submits that the petitioner has criminal antecedent in this regard submits that Kotawali Police Station Case No. 478 of 2024 dated 8.8.2024 is also pending which is under Section 21 (c )/29 of NDPS Act.

4. This contention of the learned advocate appearing for the prosecution has been refuted by the learned advocate representing the petitioner and submits that in connection with the case also present petitioner has been enlarged on bail as per order passed by the Division Bench of this Court presided over the Hon’ble Justice Joymalya Bagchi.

5. Having heard both the learned advocates and going through the records and perusal of case diary it is apparent that name of the present petitioner has been surfaced only from the statement of two accused persons excepting the same no other materials can be found to suggest his involvement with this case. Investigation has been completed. Culminated in filing of chargesheet, therefore no scope of further investigation as of now.

6. Hence petitioner may be released on bail.

7. The series of decisions relied upon by the petitioner shows the order passed by the learned co-ordinate Bench where despite having previous antecedents the accused is released on bail whether there is no recovery and no CDR evidence.

8. Hence considering that there is no recovery and excepting the statement of the two accused no other evidence forthcoming and the period of detention covered coupled with the fact that chargesheet has been submitted. This Court is inclined to allow the prayer.

9. Accordingly, petitioner will be released on bail upon furnishing a bond of Rs. 20,000/- (Twenty Thousand) with two sureties of like amount each, one of whom must be local, to the satisfaction of learned Judge, Special Court NDPS, Nadia at Krishnagar subject to adhering the following conditions ; i) The petitioner shall not leave the jurisdiction of the local Police Station, Krishnanagar without the permission of the concerned Court.

ii) He shall not intimidate or threaten the witnesses or tamper with any evidence in any manner whatsoever and will not leave the jurisdiction of the Court without permission from the concerned Court.

iii) He shall be available on every date of trial and shall not commit any offence while on bail.

iv) In the event violation of the above-condition the Court will be at liberty to cancel the bail without making any reference to the Court.

10. The application for bail stands, thus, Disposed of.

11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

[Chaitali Chatterjee (Das)]