Calcutta High CourtCRM (NDPS)/388/2025rejected

Nairul Sk @ Abbas v. State Of West Bengal

2025-05-13Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

13.05.2025 akb Sl. 46 Ct.29 Rejected CRM (NDPS) No. 388 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sagardighi Police Station Case No. 100 of 2022 dated 27.3.2022 registered for investigation into offences punishable under Section 20(C) / 29 of the NDPS Act, 1985. And In re:

Nairul Sk @ Abbas ... petitioner. Mr. Arnab Chatterjee Ms. Poulami Bose ...for the petitioner Mr. Avishek Sinha Mr. Aritra Bhattacharya ...for the State It is submitted that the petitioner is in custody for about 80 days and nothing was recovered from his possession and that two coaccused persons have already been granted bail by this Court in CRM (NDPS) 95 of 2023; CRM (NDPS) 2088 of 2023 and CRM (NDPS) 1834 of 2023 and he is almost on the same footing and nothing was recovered from his possession and he was arrested on the basis of coaccused statement 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 contending that the petitioner is the kingpin of the offence and about 3 kgs. of heroin was recovered in the instant case and that during investigation it transpires that the petitioner is the owner of the vehicle and under his instruction the offence was committed. He further submits that charge could be framed only after arresting the petitioner who was absconding for about three years. Having heard learned counsel appearing on behalf of the petitioner and the State and also in view of the incriminating materials so far available in the Case Diary against the petitioner and that the

petitioner absconded for about three years and if the petitioner is released on bail there is every chance of his abscondance, which can cause further delay in trial, the prayer for bail is considered and rejected.

However, the trial Court is directed to make every endeavour for expedite the trial and to make his best effort to conclude the trial preferably within a period of eighteen months from the next date of hearing.

The application, being CRM (NDPS) 388 of 2025 is accordingly disposed of.

(Dr. Ajoy Kumar Mukherjee, J.)