Abu Bakkar Sadiki Alias Abuu Bakari Sadiki Alias Abuu Bakari v. Union Of India

30.03.2026 Serial no. 468 [G.S.D] CRM (NDPS) 433 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 NDPS Case No. 45 of 2022, N 45/2022 arising out of 1328 of 2022 corresponding to DRI Case No. DRI/KZU/NDPS/ENQ19/2022 u/s 29 read with Sections 8(c)/23 of the NDPS Act, Section 28 read with sections 8(c)/23/29 of the NDPS Act and Section 30 read with Section 8(c) of the NDPSAct, 1985.

-AndIn the matter of : Abu Bakkar Sadiki @ Abuu Bakari Sadiki @ Abuu Bakari ... ... Petitioner(s) Mr. Angshuman Chakraborty Mr. S. S. Saha ... for the Petitioner(s) Mr. Nadeem Sulaiman Mr. Tapan Bhanja ... for the DRI Authority Learned advocate for the petitioner submits that the petitioner is in custody for three years three months and last of the witnesses was examined on January, 2025. It has also been submitted that out of the 12 witnesses cited by the prosecution, till date, only five witnesses have been examined and seven witnesses are yet to be examined by the prosecution.

Learned advocate for the DRI submits that the seizure in this case was 16145 gm of heroin and there are materials in possession of the prosecution which are clinching in nature to establish a relationship of the present petitioner with the charges which have been framed.

Be that as it may, substantial time has passed since last witness has been examined by the prosecution, I direct the learned trial court that if the prosecution is unable to complete its witnesses by 15th September, 2026, in that case, the learned trial court would release the petitioner on bail.

However, this is subject to the condition that the petitioner cooperates with the learned trial court and there are no systematic delay.

It is further directed that on each and every date fixed by the learned trial court, no unnecessary adjournment be granted to either of the parties and the trial of the case would continue inspite of any resolution of the local Bar. With the aforesaid observations, CRM(NDPS) 433 of 2026 is disposed of.

List of dates submitted be kept with the record. 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.)