Ahmad Ali v. State Of West Bengal

17.06.2025 Item no. 23 Ct. No. 29 BD.

C.R.M. (NDPS) 391 of 2025 In Re:- An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 18 of 2023 arising out of Police Station S.T.F.

Kolkata FIR No.

17/2023 dated 18.06.2023 under section 21( C ) of the NDPS Act, 1985. In the matter of : Ahmad Ali .... Petitioner.

Mr. Rajeev Lochan (on V.C) ...for the Petitioner. Mrs. Amita Gaur Mr. Arani Bhattacharya ...for the State. Learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody since 18.06.2023 and that 1 Kg. of heroin was allegedly recovered from the possession of the petitioner. He further submits that considering the period of detention and considering the fact that it is unknown when the trial would be concluded, his bail prayer may be allowed on any terms and conditions.

Learned counsel appearing on behalf of the State raised objection against the bail prayer made by the petitioner contending that the prosecution proposes to examine six witnesses out of twelve charge-sheeted witnesses and the examination of fifth witness is continuing and next date is fixed on 25th June, 2025 and thereafter only one more witness will be examined by the prosecution and as such the trial is going to be concluded shortly and at this stage if the prayer for bail

is allowed there is every chance of the petitioner's abscondence, which may delay the trial.

Having considered the facts and circumstances of the case and that rigour of section 37 of the NDPS Act, clearly attracts in the present case in respect of the present petitioner, the prayer for bail made by the petitioner is rejected.

However, the Trial court is requested to conclude the trial preferably within a period of three months from the next date of hearing. Both parties are directed to communicate the order of this Court to the trial court without any further deay.

CRM (NDPS) 391 of 2025 is accordingly disposed of.

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

(Dr. Ajoy Kumar Mukherjee, J.)