Abu Samad v. State Of West Bengal

22.07.2025 Item no.15 Ct. No. 29 BD.

C.R.M. (NDPS) 541 of 2025 In Re:- An application for bail under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 14 of 2024 arising out of Kharagpur GRPS Case No. 61 of 2024 dated 29.04.2024 and Charge sheet no. 83 of 2024 dated 31.07.2024 under section 20(b)(ii)(C)/29 of the NDPS Act, 1985.

In the matter of : Abu Samad .... Petitioner. Mr. Shankha Subhra Mukherjee Ms. Barnali SAha ...for the Petitioner. Mr. Antarikhya Basu Mr. Abhinaba Mukherjee ...for the State. It is submitted on behalf of the petitioner that 36 Kgs. of ganja was recovered from the joint possession of the present petitioner and petitioner is in custody for about 432 days and that the petitioner is suffering from different ailments and that investigation has already been culminated into a charge-sheet and the criminal proceeding is pending for charge hereing and as such trial has not yet been started and for which the petitioner may be released on bail on any terms and conditions. Learned counsel appearing on behalf of the State opposed the bail prayer, and he submits a report dated 15.07.2025 regarding the health condition of the petitioner which shows that at present the petitioner is on diabetic medicines and diabetic diet.

Having considered the submissions made on behalf of the petitioner and the State and that material

discloses that rigour of section 37 of the NDPS Act, clearly attracts in respect of the present petitioner in this case, and as such, the prayer for bail is considered and rejected.

CRM (NDPS) 541 of 2025 is accordingly disposed of.

Report be kept with the record.

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.)