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(2026) Law Today Live Doc. Id. 21450
Decided on: 23.01.2026
For Petitioner(s):
Mr. Lakshman Singh, Adv., Mr. Abhijit Sengupta, AOR, Mr. Balmiki Prasad, Adv., Mr. Birendra Kumar, Adv., Mr. Harsh Verma, Adv.
For Respondent(s):
Mr. Kunal Vajani, Adv., Mr. Kunal Mimani, AOR, Mr. Prashant Alai, Adv.
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NDPS – Bail – Appellant in custody since 28.12.2024 – Considering period of incarceration and totality of circumstances, bail granted.
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Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), Sections 21(C), 29 – Bharatiya Nagarik Suraksha Sanhita, 2023 (46 of 2023), Section 483 – Bail – Appellant arrested for offences under Sections 21(C), 29 of NDPS Act – Appellant had remained in custody since 28.12.2024 – Considering totality of circumstances and period of incarceration, direction given to release the appellant on bail on terms to be fixed by Trial Court – Trial expedited.
(Paras 3–10)
ORDER
1. Leave granted.
2. Appellant challenges the judgment and order dated 28.08.2025 in CRM (NDPS) No.945/2025 passed by the High Court at Calcutta, titled “Sasanka Shekhara Biswas vs. State of West Bengal”.
3. The appellant was arrested in connection with Crime No.270 of 2024 registered at Murutia Police Station, Nadia District, West Bengal for the offences punishable under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
4. Having heard learned counsel for the parties, and perused the material placed on record, we are of the considered view that the appellant has made out case for interference with the impugned order dated 28.08.2025.
5. Considering the totality of circumstances and also the fact that the appellant has been in custody since 28.12.2024, we are inclined to grant bail to the appellant on such terms as may be fixed by the Trial Court. Ordered accordingly.
6. To comply with the order, the appellant shall be produced before the Trial Court latest by 27th January 2026.
7. Trial expedited. The appellant shall fully cooperate during the investigation/trial, and he shall not misuse the liberty in any manner, and shall extend complete cooperation in the trial of the instant case. It shall be open to the Trial Court to take all steps, including cancellation of bail, should the necessity arises.
8. Needless to add, if the investigation is not complete in all respects, the appellant would fully cooperate, and if the challan/charge sheet is filed, he would maintain good conduct and not attempt to influence any of the witnesses in any manner till the completion of the trial.
9. The impugned judgment/order dated 28.08.2025 shall stand set aside.
10. Accordingly, the appeal is allowed.
11. Pending application(s), if any, shall stand disposed of.
Appeal allowed.
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