Calcutta High Court
CRM (NDPS)/2017/2026 of DEBA HARIJAN @ DOM Vs STATE OF WEST BENGAL on 22 September 2026
no. 456 [G.S.Das] Assistant Registrar (Court) CRM (NDPS) 2017 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with English Bazar PS Case No. 374 of 2026 dated 16.03.2026 u/s 21(c)/29 of the NDPS
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22.09.2026 Serial no. 456 [G.S.Das] Assistant Registrar (Court)
CRM (NDPS) 2017 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with English Bazar PS Case No. 374 of 2026 dated 16.03.2026 u/s 21(c)/29 of the NDPS Act.
-And-
In the matter of : Deba Harijan @ Dom
… … Petitioner(s)
Mr. Kazi M. Rahman
… for the Petitioner(s)
Mr. Brajesh Jha, ld. APP Ms. Rima Banerjee
… for the State-respondent(s)
The total recovery in the present case is 763 gm of brown sugar from separate set of accused persons. The petitioner has been implicated in the present case only on the basis of statement of a co-accused. State opposes the prayer for bail and submits that there are antecedents of the present petitioner. However, so far as the locus in respect of the present case is concerned, learned advocate for the State is unable to refute the contention that the only materials available are the statement of the co-accused. I have taken into account the cases on which the State opposed the prayer for bail as also the fact that the nature of the alleged offence earlier committed is of different nature.
Having considered the same, I am of the opinion that further detention of the petitioner who is detained for more than six months, is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Deba Harijan @ Dom shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, 4th Court, Malda. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of Malda without prior permission of the learned Special court/trial court. Accordingly, CRM (NDPS) 2017 of 2026 is allowed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)