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Calcutta High CourtCRM (NDPS)/806/2026rejected

Asraful @ Asraful Sk v. State Of West Bengal

2026-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.35 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 806 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Mothabari Police Station Case No. 394 of 2025 dated 17.05.2025 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Asraful @ Asraful Sk ... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... For the Petitioner.

Mr. Gouranga Kumar Das, APP, Ms. Tanusree Kar ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 1 month and there has been recovery of 408 grams of Brown Sugar exclusively from the possession of the present petitioner. Charge-sheet has already been submitted, but charge has not been framed till date.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that more than 1100 grams of Brown Sugar has been seized in connection with the instant case. The present petitioner has previous antecedents. The delay in the instant case is for one of the accused absconding.

Having regard to the quantity of contraband which has been seized, I am not inclined to release the petitioner on bail.

However, the learned Trial Court is directed to exhaust the process of law, split up the trial and at the earliest overcome the stage of consideration of charges. At this stage, the prayer for bail of the petitioner is rejected.

Petitioner would be at liberty to approach this Court after the evidence of seizure list witnesses is over. Let whole of the process be completed within a period of six months from the date of communication of this order. The application for bail, being CRM (NDPS) 806 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)