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Calcutta High CourtCRM (NDPS)/574/2025rejected

Rajib Islam v. State Of West Bengal

2025-07-03Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

03.07.2025 Suman C.R.M. (NDPS) 574 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Nakashipara Police Station case no.810/2024 dated 08.09.2024 under Sections 20(b)(ii)(c)/29 of the NDPS Act, 1985.

And In the matter of : Rajib Islam .... Petitioner Mr. Shashanka Shekhar Saha ...for the Petitioner Mr. Soumik Ganguly Ms. Rituparna Saha ...for the State It is submitted on behalf of the petitioner that 147.205 kg. ganja was recovered from a vehicle which was allegedly owned by the petitioner. He further submits that he was served with a notice under Section 67 of the NDPS Act and in compliance with this said notice, he attended the police station. He was arrested and he is in custody for about seven months. He further submits that no test identification was done to identify the present petitioner and investigation has already been ended in charge sheet and for which no fruitful purpose will be served detaining him any further in the custody. Accordingly, he prays for bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposes the bail prayer contending that the investigation reveals that the vehicle from which the huge quantity of

narcotic substance was recovered is owned by the present petitioner. He further submits that the proceeding is pending before the trial Court and expected to be completed within a short span of time.

Accordingly, he opposes the bail prayer.

Having heard the learned counsel appearing for the petitioner and the State it appears that rigour of Section 37 of NDPS Act clearly attracts in respect of the present petitioner in this case.

Accordingly, the prayer for bail is considered and rejected.

However, the trial Court is requested to expedite the trial keeping in mind the valuable fundamental right of the petitioner of speedy trial guaranteed to him and to make his best effort to conclude the trial preferably within a period of eight months.

Accordingly, C.R.M. (NDPS) 574 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)