A bail application filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in relation to an NDPS offence was dismissed as “not pressed” by the Calcutta High Court. The Court did not rule on the merits, thus the order does not lay down binding legal precedent but is an instance of procedural disposal without adjudication.
Summary
| Category | Data |
|---|---|
| Case Name | CRM(NDPS)/354/2025 of SANJOY DEBNATH Vs THE STATE OF WEST BENGAL |
| CNR | WBCHCJ0042802025 |
| Date of Registration | 21-08-2025 |
| Decision Date | 29-10-2025 |
| Disposal Nature | DISMISSED AS NOT PRESSED |
| Judgment Author | HON’BLE DR. JUSTICE AJOY KUMAR MUKHERJEE |
| Court | Calcutta High Court |
| Bench | In The Circuit Bench at Jalpaiguri, Criminal Miscellaneous Jurisdiction |
| Precedent Value | No binding precedent; procedural order only |
| Type of Law | Criminal Law—NDPS Act and Bharatiya Nagarik Suraksha Sanhita, 2023 |
| Questions of Law | None determined—application dismissed as not pressed |
| Ratio Decidendi | The Court dismissed the bail application as not pressed on the petitioner’s submission. No adjudication on legal issues was made, and therefore, no rule of law was declared. |
| Facts as Summarised by the Court | On instruction, counsel for the petitioner submitted that he does not want to proceed further with the application, following which the application was dismissed as not pressed. |
Practical Impact
| Category | Impact |
|---|---|
| Binding On | Not binding; procedural dismissal without adjudication |
| Persuasive For | Not persuasive; no merits decided |
What’s New / What Lawyers Should Note
- The dismissal of a bail application as “not pressed” does not determine any legal question, nor does it create judicial precedent.
- Such procedural orders cannot be cited for any proposition of law in future cases.
Summary of Legal Reasoning
- The Court recorded the submission of the counsel for the petitioner that he did not want to proceed with the application.
- Based on this, the Court dismissed the bail application as “not pressed”.
- No discussion of factual background, legal principles, or statutory interpretation was undertaken.
- No ratio decidendi was laid down, and no judgments or authorities were cited or relied upon.
Arguments by the Parties
Petitioner
- Counsel for the petitioner submitted, on instruction, that the application is not pressed and did not advance arguments on merit.
Respondent (State)
- No submission or contest on merits was recorded due to the withdrawal of the application.
Factual Background
- An application for bail was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in an NDPS matter arising from New Jalpaiguri GRPS Case No. 41 of 2025.
- On the date of hearing, the petitioner’s counsel stated that the applicant did not wish to pursue the bail application.
- The Court accordingly dismissed the application as “not pressed”.
Statutory Analysis
- The application invoked Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (corresponding to bail provisions).
- Sections 8(c)/20(b)(ii)(c)/29 of the NDPS Act, 1985, were mentioned in connection with the underlying criminal case.
- No analysis or interpretation of these statutory provisions was undertaken since the application was dismissed as not pressed.
Dissenting / Concurring Opinion Summary
No dissenting or concurring opinions; single-judge order.
Procedural Innovations
None noted; followed routine procedure for withdrawal/dismissal of application.
Alert Indicators
- ✔ Precedent Followed – Procedural norm for dismissing unpressed applications was followed; no substantive or precedential ruling made.