Calcutta High Court
CRM (NDPS)/1796/2026 of SRIMAL BARMAN AND ORS. Vs UNION OF INDIA on 18 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.277 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 1796 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita,
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18.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.M/L.277
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 1796 of 2026
In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Special Case No. 12 of 2025 arising out of NCB Crime No. 11/NCB/KOL/2025 dated 30.05.2025 under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And
In Re : Srimal Barman and others
... Petitioners.
Mr. Debarshi Brahma, Mr. Sayantan Maity
... For the Petitioners.
Mr. Anirban Mitra, Mr. Tapodip Gupta
... For the NCB.
Learned advocate appearing for the petitioners submits that in spite of the earlier direction passed on 26.02.2026 in CRM (NDPS) 324 of 2026, there has been no progress in the trial of the case and till date, not even a single witness has been examined. Petitioners are in custody since 30.05.2026. Learned advocate appearing for the NCB, on the other hand, opposes the prayer for bail and submits that there was non-cooperation from the side of the present petitioners as no advocate represented them. In fact, the last order dated 15.09.2026 would reflect that although a witness was present on behalf of the NCB, but there is a specific observation that the accused persons appeared by virtual
2 mode and the court had to engage lawyers from the Legal Aid Services Authority. Having considered the same, I am of the opinion that there has been no new change of circumstances. As such, at this stage, the prayer for bail of the petitioners is rejected. Learned Trial Court would ensure that independent seizure list witnesses are examined with priority basis. Petitioners will renew their prayer for bail after such witnesses are examined. Report submitted by the learned advocate for the NCB be kept with the record. The application for bail, being CRM (NDPS) 1796 of 2026, is, thus, disposed of. Learned advocate appearing for the NCB is granted liberty to communicate this order to the learned Trial Court. 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.)