Calcutta High CourtCRM (NDPS)/818/2026dismissed

Badsha Sk @ Sk Badsha v. State Of West Bengal

2026-05-15Hon'Ble Justice Tirthankar Ghosh3 pages

15.05.2026 Serial no. 50 [G.S.D] CRM (NDPS) 818 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with TR Case No. 61 of 2021 arising out of Panchla Police Station Case No. 383 of 2021 dated 25.11.2021 u/s 20(b) of the NDPS Act, 1985.

-AndIn the matter of : Badsha Sk. @ Sk. Badsha ... Petitioner(s) Mr. Mrityunjoy Chatterjee Mr. Debarnab Adhikary ... for the Petitioner(s) Ms. Arushi Rathore ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner was implicated on the basis of alleged recovery of 22 kg of ganja. Initially, he was granted bail on 19th December, 2023, thereafter, for lack of communication, he could not appear, subsequently, warrant of arrest was issued. The petitioner was arrested on 28th July, 2025, since then, he is in custody. Learned advocate for the petitioner, as such, prays that the petitioner may be enlarged on bail on any stringent condition.

Ms. Arushi Rathore, learned advocate, appears for the State, as per the directions of this Court. Her appearance may be regularized by the concerned authority.

Learned advocate for the State opposes the prayer for bail and submits that the petitioner has violated the conditions of bail and delayed the trial.

I have taken into account the fact that the trial could not proceed only because of absence of the present petitioner.

Having considered the same, at this stage, I am not inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Rejected.

However, the petitioner would renew his prayer for bail after the seizure list witnesses are examined. It has been informed that next date has been fixed on 8th June, 2026. The learned trial court would expedite the examination of the seizure list witnesses; fix a schedule and take steps so that the same is completed within a period of three months from the next date fixed.

Accordingly, CRM (NDPS) 818 of 2026 is dismissed. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)