Ebrahim Sk v. State Of West Bengal

12.

03.03.2025 Court No.29 (Tanmoy) Rejected

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 39 of 2025 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 arising out of Baishnabnagar P.S. Case No. 492/2024 dated 04.6.2024.

And In the matter of: - EBRAHIM SK ...petitioner.

Mr. Imtiaz Akhter Mr. Sudhir Kr. Bhowmik Ms. Arena Bhowmik Mr. Sekandar Ali ...for the petitioner.

Mr. Sanjay Banerjee Mr. S.K. Dasgupta ...for the State.

Dictated by Arijit Banerjee, J.

1. Status report filed by the State be kept with the records.

2. We find that March 1, 2025, was fixed as the date for framing of charge. Because of non-availability of the learned Presiding Officer, the issue of framing of charge could not be taken up. April 11, 2025, has been fixed as the next date.

3. Commercial quantity of phensedyl syrup was allegedly recovered from the petitioner.

4. In view of the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, we are not inclined to entertain the petitioner's prayer for bail, at this stage. Hence, the prayer for bail is rejected.

5. The application being CRM (NDPS) 39 of 2025 is accordingly dismissed.

6. However, considering that the petitioner is in custody for more than eight months, we direct the learned Trial Court to expedite

the trial to the fullest extent and conclude the same on an early date without granting unnecessary adjournment to either of the parties and if necessary, by fixing frequent schedules of 2/3 days each for examination of witnesses.

7. Parties to communicate this order to the learned Trial Court. (Prasenjit Biswas, J.) (Arijit Banerjee, J.)