Manirul Shek @ Monirul Shek v. State Of West Bengal

02.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.M/L. 419 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 332 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliganj Police Station Case No. 483 of 2022 dated 28.07.2022 under Sections 21(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Manirul Shek @ Monirul Shek ... Petitioner.

Mr. Debabrata Roy, Mrs. Karabi Roy ... For the Petitioner.

Ms. Madhumita Basak ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years 5 months and the petitioner was implicated on the basis of statement of co-accused from whom 2 kgs. of heroin was allegedly recovered. It has been contended on behalf of the petitioner that there was no recovery of contraband from the petitioner and allegedly because of certain accusations of money trail, petitioner has been detained in custody. Learned advocate for the petitioner insists on checking the chemical examiner's report.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and produces the CFSL report which reflects that the samples which were seized have tested positive for morphine, codeine and thebaine and

presence of diacetylmorphine could not be ascertained. It has been further stated that the prosecution intends to examine 11 witnesses out of which 9 witnesses have already been examined.

Having considered that the prosecution evidence is at the fag end and within a period of sixty days, prosecution intends to complete the evidence, at this stage I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

No unnecessary adjournment be granted to any of the parties and trial of the case would continue in spite of any resolution of the local Bar.

Learned advocate for the State is directed to communicate this order to the learned Trial Court. The application for bail, being CRM (NDPS) 332 of 2025, is, thus, disposed of.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)