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Calcutta High CourtCRM (NDPS)/98/2025rejected

Halim Kazi @ Abdul Halim Kazi v. State Of West Bengal

2025-02-26Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

26-02-2025 (ct. no. 29) KOLE CRM (NDPS) 98 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Airport Police Station Case No. 173 of 2023 dated 10.08.2023 under Sections 21(C)/25/28/29 of the NDPS Act.

- A n d - In the matter of : Halim Kazi @ Abdul Halim Kazi .... Petitioner.

Mr. Fazlur Rahman, Md. B. Hussain, Mr. M. Hossain, ... For the Petitioner.

Mr. Sanjay Banerjee, Mr. Saibal Krishna Dasgupta, ... for the State.

Dictated by Arijit Banerjee, J:- 1.

The petitioner prays for bail which was rejected by a coordinate Bench on January 9, 2024 in CRM (NDPS) 25 of 2024. The petitioner went up by way of a Special Leave Petition being Special Leave to Appeal (Crl.) No. 6142 of 2024. By an order dated May 6, 2024, the Hon'ble Apex Court dismissed the Special Leave Petition.

2.

A number of arguments have been advanced on behalf of the petitioner. However, we now find that the petitioner has suppressed the fact that his prayer was rejected by the Hon'ble Apex Court in May, 2024. Learned State Advocate has drawn our attention to the order of the Hon'ble Apex Court. 3.

The petitioner has approached us with unclean hands. A very relevant fact has been suppressed.

4.

In view of the aforesaid, we are not inclined to enlarge the petitioner on bail.

5.

CRM (NDPS) 98 of 2025 is, thus, dismissed.

6.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Apurba Sinha Ray, J. ) ( Arijit Banerjee, J. )