Majibar Sekh @ Majibar Sk v. State Of West Bengal

20.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.16 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 64 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Baishnabnagar Police Station Case No. 542 of dated 13.08.2023 under Sections 21(C)/25/27A/28/29/30 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Majibar Sekh @ Majibar Sk ... Petitioner.

Mr. Ayan Bhattacherjee, Sr. Adv., Ms. Ritu Das ... For the Petitioner.

Ms. Anasuya Sinha, APP, Ms. Madhumita Basak ... For the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is renewing his prayer for bail pursuant to the liberty granted by the Hon'ble Supreme Court in Special Leave Petition (Criminal) Diary No(s). 15052/2025 wherein the Hon'ble Apex Court did not interfere with the order dated 31.01.2024 passed in CRM(NDPS) 2087 of 2023, but granted liberty to the petitioner herein to renew his prayer for bail in case the trial is prolonged. Learned senior advocate submits that the petitioner is in custody presently for about 2 years 5 months and the trial is still continuing.

Learned advocate appearing for the State, on the other hand, submits that the prosecution is interested to examine two more witnesses.

Without going into the merits of the case, I direct that within a period of three months, the prosecution would conclude the evidence of the two witnesses. At this belated stage, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected. Petitioner would be at liberty to pray for bail after the aforesaid period is over.

Report submitted by the learned advocate for the State be kept with the record.

The application for bail, being CRM (NDPS) 64 of 2026, is, thus, disposed of.

The learned advocate appearing for the State would through the Investigating Officer of the case communicate this order to the learned Trial Court.

All concerned parties shall act on the server copy of this order duly 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.)