Calcutta High CourtCRM (NDPS)/279/2025rejected

Mojammel Molla @ Babu v. State Of West Bengal

2025-03-17Hon'Ble Justice Arijit Banerjee,Hon'Ble Justice Apurba Sinha Ray2 pages

40.

17.03.2025 Court No.29 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 279 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 Hogolberia Police Station Case No.153/2024 dated 01.07.2024 under Sections 20(b)/25/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

And In the matter of: - Mojammel Molla @ Babu.

...petitioner.

Ms. Sangeeta Chakraborty ...for the petitioner.

Mr. Subhamay Bhattacharya, Mr. Akash Ganguly ...for the State.

Dictated by Arijit Banerjee, J.

1. The petitioner says that he is in custody for 253 days. There was no recovery from him. He has been implicated solely on the basis of statement made by a co-accused person. He prays for bail.

2. Learned State advocate tells us that out of 4 persons intercepted by the police, three, including this petitioner fled from the spot. The accused persons were carrying 25 kgs. of ganja. Call detail reports show exchange of phone calls between this petitioner and co-accused persons at the relevant point of time. WPA is pending against two absconding accused persons.

3. In view of there being, prima facie, evidence of complicity of this petitioner in the alleged offence and since commercial quantity of ganja is involved, we are not inclined to entertain the petitioner's prayer for bail, at this stage.

4. However, considering the period of detention of the petitioner, we request the learned trial court to expedite the trial and conclude the same on an early date.

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

2. CRM (NDPS) 279 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.)