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Calcutta High CourtCRM (NDPS)/404/2025rejected

Nabiul Malitha @ Hoque v. State Of West Bengal

2025-05-08Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

D/L59 08.05.2025 Rohit ct.no.29 C.R.M. (NDPS) 404 of 2025 In Re: An application for bail under Section 439of the Code of Criminal Procedure, 1973 read with Section 483 of the BharatiyaNagarik Suraksha Sanhita, 2023 in connection with DomkalPolice Station Case No. 611 of 2024 dated 10.09.2024under Sections20(b)(ii)(C)/29 of the NDPS Act, 1985.

And In Re:NabiulMalitha @ Hoque

...Petitioner

Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the petitioner Mr. Avishek Sinha Ms. Angana De ...for the State The petitioner submits that 21kg 300gms of ganja was allegedly recovered from the possession of present petitioner and he is in custody for about six months and though investigation completed but the trial has not yet started and as such it will take long time to conclude the trial and for which 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 commercial quantity of Narcotics substance was recovered from the exclusive possession of the present petitioner and that one co-accused is still absconding and if he is released on bail there is serious chance of his absconscion. Having heard learned counsel appearing on behalf of the petitioner and the State and also on perusal of the materials available in the record, I find that the rigour of Section 37 of the NDPS Act attracts in the present case and as such prayer for bail is considered and rejected.

Accordingly, CRM (NDPS) 404 of 2025 is disposed of. 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.)