Calcutta High Court

CRM(NDPS)/571/2026 of UMESH RAI Vs THE STATE OF WEST BENGAL on 18 September 2026

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Court No.35. D/L.05. Rakib (Rejected) In the High Court at Calcutta

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18.09.2026 Court No.35. D/L.05. Rakib (Rejected) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

CRM (NDPS) 571 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station case no. 31 of 2026 dated 19..01.2026 under Sections 21(c)/29 of the NDPS Act.

And In the matter of : Umesh Rai

……Petitioner. Mr. Apan Saha

......for the Petitioner. Mr. Avrojyoti Das, Ld. APP Mr. Suman Sehanobish Mr. Atul Dong

……for the State.

Learned advocate appearing for the petitioner submits that petitioner was a pillion rider of a motorcycle, the recovery was from a different person and petitioner has been implicated on the ground of joint possession of recovery of 305 grams of brown sugar. It has been further canvassed that the petitioner appeared for examination for which interim bail was granted to the present petitioner. Subsequently, on his surrender he was taken into custody by the learned Special Court. Learned advocate appearing for the State opposes the prayer for bail. I have taken into account the quantum of seizure in the present case and is of the opinion that rigors of Section 37 of the

2 NDPS Act is attracted. Having considered the same, I am not inclined to release the petitioner on bail. Learned trial Court would expedite the progress of the case and give priority to the recording the evidence of the seizure list witnesses. With the aforesaid observation CRM (NDPS) 571 of 2026 is dismissed. All parties shall act in terms of server copy of the order 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.)

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