Nursad Ali @ Bishu @ Nurshad Ali v. State Of West Bengal

34.

26.02.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 132 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 Lalgola Police Station Case No.971/2024 dated 25.09.2024 under Sections 21(C)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985. And In the matter of: - Nursad Ali @ Bishu @ Nurshad Ali. ...petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Ranadeb Sengupta, Ms. Eshita Dutta ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that nothing was initially recovered from him. In course of investigation, on the basis of his statement, 450 grams of heroin was recovered. That does not amount to his conscious possession. He is in custody for 5 (five) months. He prays for bail.

2. Learned State advocate tells us that investigation is still going on. Charge-sheet is yet to be filed.

3. In view of the fact that investigation is not complete and also that on the basis of leading statement of the petitioner commercial quantity of contraband was recovered, we are not inclined to allow the petitioner's prayer for bail, at this stage.

1. The prayer for bail is, thus, rejected.

2. CRM (NDPS) 132 of 2025 is disposed of.

3. All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

4. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.

(Arijit Banerjee, J.) (Apurba Sinha Ray, J.)