Calcutta High Court
CRM(NDPS)/570/2026 of NILKANTA BARMAN Vs STATE OF WEST BENGAL on 18 September 2026
Court No.35. D/L.04. Rakib (Rejected) In the High Court at Calcutta
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18.09.2026 Court No.35. D/L.04. Rakib (Rejected) In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction
CRM (NDPS) 570 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. 04 of 2026 dated 05.01.2026 under Sections 21(b)/21(c)/29 of the NDPS Act.
And In the matter of : Nilkanta Barman
……Petitioner. Mr. Apan Saha
......for the Petitioner. Mr. Avrojyoti Das, Ld. APP Ms. Ruchika Agarwala Mr. Nigam Mittal
……for the State.
Learned advocate appearing for the petitioner submits that petitioner is in custody for 8 months 13 days, charge-sheet has already been submitted and the charge-sheet refers to 15 witnesses, as such petitioner be released on bail on any stringent conditions. Learned advocate appearing for the State opposes the prayer for bail and submits that there has been recovery of 101 grams of brown sugar and 13 bottles of cough syrup from the present petitioner. Petitioner is having a criminal antecedent of NDPS Act case. Having regard to the factum of antecedents of the petitioner and the recovery in the present case, I am of the opinion that rigors of Section 37 of the NDPS Act is attracted. As such, I am not inclined to release the petitioner on bail.
2 Learned trial Court would expedite the process of progress of the trial. With the aforesaid observation CRM (NDPS) 570 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.)