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Calcutta High CourtCRM (NDPS)/733/2026dismissed

Ashadul Khan @ Md Asadul Khan v. State Of West Bengal

2026-04-21Hon'Ble Justice Tirthankar Ghosh2 pages

21.04.2026 Court No.35.

D/L. 64.

Kausik (Rejected) CRM (NDPS) 733 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Mothabari Police Station Case No. 394 of 2025 dated 17.05.2025 under Sections 21(b)(ii)(C)/27(A)/29 of the NDPS Act, 1985.

And In the matter of : Ashadul Khan @ Md. Asadul Khan ......Petitioner.

Mr. Md. Khairul Mr. Shabad Alam ......for the Petitioner.

Mr. Arijit Ganguly Ms. Rita Datta ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner was arrested on 17.05.2025 and the subject matter of the present case relate to recovery of more than 1100 Gms. of Heroin. There are other accused persons also from whom seizure has been effected. Petitioner emphasizes on the period of detention.

Learned advocate for the State opposes the prayer for bail.

I have taken into account the quantum of seizure which is of commercial quantity and is of the opinion, as the rigors of Section 37 of the NDPS Act is attracted, I am not inclined to

release the petitioner on bail. However, the learned Trial Court will split up the trial after exhausting the process of law so far as the absconding accused is concerned.

Consequently, CRM (NDPS) 733 of 2026 is dismissed. All parties shall act in terms of server copy of the order 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.)