Fainul Sk @ Sekh v. State Of West Bengal

12.06.2025 Item no.30(DL) Court No.29 srm (Rejected) C.R.M.(NDPS) 373 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, in connection with Baishnabnagar Police Station Case No.918 of 2024 dated 02.09.2024 under Sections 21(c)/25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

And In the matter of : Fainul Sk @ Sekh .... Petitioner Ms. Sabrina Parveen ...for the Petitioner.

Mr. Joydeep Roy, Mr. Dipankar Pramanick ... for the State.

The petitioner submits that he is in custody for about 283 days and that he is no way connected with the alleged occurrence and that the contraband brown sugar weighing 6.064 kgs. was allegedly recovered from the bedroom of one Mobarak Hossain and the complicity of the present petitioner is only that he was present when the search and seizure was made by police. He further submits that though charge sheet has been submitted but the charge has not yet been framed and as such nobody knows when the trial would be concluded and as such he may be granted bail on any terms and conditions. Learned counsel appearing on behalf of the State vehemently opposed the bail prayer and contended that it is clear from the seizure list that the contraband narcotic substance of commercial quantity was recovered from the joint possession of the present petitioner. Not only that verifying the

statement of the present petitioner, 203 gms. of brown sugar was recovered from the possession of another accused Nayan Sk. He further submits that the other accused persons are absconding and if the present petitioner is released on bail there is serious chance of his absconsion and which will get the trial delayed further.

Having considered the submissions made on behalf of the parties and also considering the materials available in the case record, I find that the rigour of Section 37 of the NDPS Act clearly attracts in the present case in respect of the present petitioner and as such prayer for bail is considered and rejected. Accordingly, CRM (NDPS) 373 of 2025 is disposed of. However, the trial court is requested to expedite the trial. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)