Disposed¶14

Utpal Gupta v. State of West Bengal

Calcutta HC22 Jan 2026CRM (NDPS)/1683/2025

Case brief

AI extract

What is this about?

CRM (NDPS) 1683 of 2025; order dated 22.01.2026; Tirthankar Ghosh, J.; bail under Section 439 CrPC / Section 483 BNSS; NDPS Act Sections 21(C)/25/27A/29; Kaliachak Police Station Case No. 1440 of 2024 dated 12.09.2024; 301 bottles of phensedyl; custody one year five months; earlier bail rejected by High Court and Supreme Court; Supreme Court-fixed trial timeline expired; more than 7 of 11 witnesses examined; conditional bail if trial not completed by 28.02.2026; disposed of.

What did the court decide?

No immediate bail; application disposed of with a direction that the trial court release the petitioner on bail, on conditions to ensure his appearance during trial, if the remaining trial witnesses are not completed by 28.02.2026. ¶14

Utpal Gupta Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on bail under Section 439 CrPC / Section 483 BNSS in Kaliachak Police Station Case No. 1440 of 2024 (Sections 21(C)/25/27A/29, NDPS Act), given his custody of one year five months, recovery of 301 bottles of phensedyl, rejection of earlier bail by the High Court and the Supreme Court, expiry of the Supreme Court-fixed trial timeline, and trial progress (more than 7 of 11 witnesses examined).

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Court's answer

The Court directed that if the remaining witnesses in the trial are not completed by 28 February 2026, the learned trial Court shall release the petitioner on bail on such conditions as it deems fit and proper for ensuring further appearance of the accused in course of the trial.

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Ratio / Principle

The trigger for the bail direction is non-completion of the remaining witnesses by 28 February 2026.

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Detailed headnote1 paragraphs

Bail application under Section 439 CrPC / Section 483 BNSS in an NDPS matter (Kaliachak Police Station Case No. 1440 of 2024 dated 12.09.2024; Sections 21(C)/25/27A/29, Narcotic Drugs and Psychotropic Substances Act, 1985). Petitioner in custody for one year five months; recovery of 301 bottles of phensedyl; earlier bail rejected by the High Court and the Supreme Court; time fixed by the Supreme Court to complete the trial already expired; evidence of more than 7 of 11 witnesses recorded, next date February 2026; petitioner claims a valid drug license and that the syrup was being shifted as part of his medicine business. Application disposed of with the direction that if the remaining witnesses are not completed by 28 February 2026, the trial court shall release the petitioner on bail on conditions to ensure his appearance during trial. (Tirthankar Ghosh, J.; order dated 22.01.2026.)

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22.01.2026 Court No.35. M/L.119. Rakib

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CRM (NDPS) 1683 of 2025

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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 Kaliachak Police Station case no. 1440 of 2024 dated 12.09.2024 under Sections 21(C)/25/27A/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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And

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In the matter of : Utpal Gupta

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……Petitioner. ……for the Petitioner. ……for the State.

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Mr. Avinaba Patra Mr. Dipayan Kundu Ms. Subhashree Patel Mr. Dhanasree Biswas

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Learned advocate appearing for the petitioner submits that the petitioner is in custody for one year five months and there has been recovery of 301 bottles of phensedyl. Earlier bail application was rejected by this Hon’ble High Court as well as by the Hon’ble Supreme Court. Presently, the time period fixed by the Hon’ble Supreme Court to complete the trial has already expired long ago. It has additionally been submitted that the petitioner has a valid drug license for carrying on business of medicine. There was shifting of certain medicines including the present cough syrup when he was intercepted by the police authorities.

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Learned advocate for the State submits that out of 11 witnesses evidence of more than 7 witnesses are over and the next date has been fixed in February, 2026.

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Having considered the same, I am of the view that if by 28^th of February, 2026 rest of the witnesses are not completed, the

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learned trial Court will release the petitioner on bail on such conditions as he deems fit and proper for ensuring further appearance of the accused in course of the trial.

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With the aforesaid observations CRM (NDPS) 1683 of 2025 is

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disposed of.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Utpal Gupta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Utpal Gupta v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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