Calcutta High CourtCRM (NDPS)/401/2026rejected

Selim Sk. v. State Of West Bengal

2026-04-02Hon'Ble Justice Tirthankar Ghosh3 pages

02.04.2026 Serial no. 7 [G.S.D] CRM (NDPS) 401 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliachak Police Station Case No. 1575 of 2024 dated 03.10.2024 u/s 21(c)/27A/29 of the NDPS Act.

-AndIn the matter of : Selim Sk ... Petitioner(s) Mr. Milon Mukherjee, Sr Adv.

Mr. Arup Kumar Bhowmick ... for the Petitioner(s) Mr. Bibaswan Bhattachrya Ms. Ratna Ghosh ... for the State-respondent(s) Learned Senior Advocate appearing for the petitioner submits that the petitioner is in custody since 3rd October, 2024 and charges have been framed in the month of January, 2026. Learned advocate also submits that there are seven witnesses proposed to be examined by the prosecution, as such, some time would be consumed. The petitioner has questioned the sampling of the contraband which has been seized. It has also been submitted that there was no independent witness of search, although, the search was carried out at different locations and not within the jurisdiction of the police station which has registered the case.

Learned advocate for the State opposes the prayer for bail and submits that the contraband so seized in connection with the instant case is 6.385 kg of brown sugar. I have taken into account the period of custody suffered by the present petitioner as well as the fact that charges have been framed.

Having regard to the stage of the case, I am of the opinion that the petitioner be well advised to renew his prayer for bail immediately after the evidence of seizure list witnesses is over. The learned trial court, in such circumstances, after 13th April, 2026 [as informed to this court that date has been fixed before the learned trial court] within a period of days thereof, complete the examination of the seizure list witnesses.

Having considered the stage of the case, I am not inclined to enlarge the petitioner on bail at this stage. Hence, the prayer for bail of the petitioner is Rejected.

Accordingly, CRM(NDPS) 401 of 2026 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)