Calcutta High CourtCRM (NDPS)/218/2025rejected

Kamal Biswas @ Kamal Krishna Biswas v. State Of West Bengal

2025-03-21Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

25.

21.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 218 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 Habra Police Station Case No.110/2023 dated 06.02.2023 under Section 21(C) of the Narcotic Drugs & Psychotropic Substances Act, 1985. And In the matter of: - Kamal Biswas @ Kamal Krishna Biswas. ...petitioner.

Mr. Soumik Ganguly, Ms. Debangana Bhattacharya ...for the petitioner.

Mr. Joydeep Roy, Ms. Snigdha Saha ...for the State.

Dictated by Arijit Banerjee, J.

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

2. We see that 3 out of 11 charge-sheet named witnesses have already been examined.

3. We further see that in terms of the order dated May 10, 2024 passed by a co-ordinate bench in CRM (NDPS) 799 of 2024, there is time till the end of this year for the learned trial court to conclude the trial. The prosecution says that without any doubt, they will ensure that the trial concludes by the end of this year.

4. 14.842 kgs. of codeine mixture was recovered from the house of the petitioner. In view of such huge quantity of contraband items being involved and keeping in mind the restrictions in Section 37 of the NDPS Act, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

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

6. CRM (NDPS) 218 of 2025 is disposed of.

7. We clarify that if the trial is not concluded within the time period indicated by the co-ordinate bench in the order dated May 10, 2024, the petitioner will be at liberty to renew his prayer for bail.

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

9. 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.)