Sahadat Hossain v. State Of West Bengal

17.06.2026 Court No.35.

D/L.104.

Rakib (Rejected) CRM (NDPS) 910 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Police Station case no. 1731 of 2025 dated 10.08.2025 under Sections 21(c)/29 of the NDPS Act.

And In the matter of : Sahadat Hossain.

......Petitioner.

Mr. Abhimanyu Banerjee Mr. Arban Saha .....for the Petitioner.

Ms. Arushi Rathore ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 313 days and has been detained on the alleged recovery of 818 grams of heroin. Charge-sheet has already been submitted before the jurisdictional Court, however, trial could not proceed as two of the accused persons are absconding. Learned advocate appearing for the State opposes the prayer for bail and submits that the quantity of contraband seized is of commercial quantity.

Records of the case reflect that prosecution has relied upon 11 witnesses in support of its case, the same will definitely take some time.

However, having regard to the quantity of contraband which has been seized prior to the seizure list witnesses being examined, it will be difficult to assess the merits of the case.

Learned trial Court is directed to exhaust the process of law, if required, split up the trial of the case and proceed to the stage of consideration of charges.

Petitioner as directed above, would be at liberty to renew his prayer for bail after the evidence of seizure list witnesses are over. Accordingly, the prayer for bail of the petitioner in CRM (NDPS) no. 910 of 2026 is rejected.

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.)