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Calcutta High CourtCRM (NDPS)/99/2025rejected

Rafidul Seikh @ Hero v. State Of West Bengal

2025-01-28Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

28-01-2025 CRM (NDPS) 99 of 2025 (ct. no.29) S. De (Rejected) In re: An application for bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

- A n d - In the matter of : Rafidul Seikh @ Hero.

.... Petitioner.

Mr. Amanul Islam, Mr. Sourav Mukherjee, ... For the Petitioner.

Mr. Joydeep Roy, Ms. Madhumita Basak, ... For the State. Order dictated by Arijit Banerjee, J.

1. The petitioner renews his prayer for bail which was last rejected by a co-ordinate Bench on October 13, 2023, in CRM (NDPS) 1683 of 2023. He is in custody for 2 years and 7 months.

2. Learned State advocate tells us that the prosecution intends to examine only 9 witnesses out of the 19 chargesheet named witnesses. 8 witnesses have already been examined. February 20, 2025 has been fixed as the date for examination of the Investigating Officer who is the last witness. Therefore, the trial is likely to conclude definitely by the end of March 2025.

3. Learned State advocate also draws our attention to an order dated July 11, 2024, passed in CRM (NDPS) 1066 of 2024 by this Bench. While rejecting a co-accused person's prayer for bail, we had directed the learned Trial Court to conclude the trial within February/March 2025.

4. We, therefore, see that the trial is on the verge of conclusion. About 10 thousand bottles of phensedyl syrup containing codeine phosphate was allegedly recovered from the accused person including this petitioner. Therefore, we are not inclined to entertain the petitioner's prayer for bail.

5. CRM (NDPS) 99 of 2025 is dismissed.

6. However, considering the period of detention of the petitioner, we direct the learned Trial Court to conclude the trial as soon as possible.

7. Let this order be communicated by the parties to the learned Trial court.

8. 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. )