Sirajul Molla And ANR. v. State Of West Bengal

08.07.2025 SL No.62 Court No.29 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 582 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 94/2024 arising out of Raninagar Police Station Case No. 616/2024 dated 08.10.2024 under Sections 21(c)/29 of the NDPS Act, 1985.

-AndIn the matter of: Sirajul Molla & Anr.

...Petitioner

Mr. Tapodip Gupta Mr. Suman Bhanja ...for the Petitioner Mr. Ranadeb Sengupta Ms. Afreen Begum ...for the State Learned counsel appearing on behalf of the petitioner submits that 250 bottles of cough syrup containing codein phosphate was allegedly recovered from the joint possession of the petitioner and the petitioner is in custody for about nine months and that the investigation has already been culminated into chargesheet but the charge has not yet been framed and as such nobody knows when the trial would be concluded. Therefore he may be released on bail.

Learned Counsel appearing on behalf of the State vehemently opposed the bail prayer contending that commercial quantity of narcotics was recovered from the joint possession of the present petitioner and 15th July, 2025 is fixed for framing of charge and

therefore trial is going to commence shortly and if the petitioner is released on bail at this stage, there is serious chance of his abscondence.

Having heard the learned counsel appearing on behalf of the petitioner as well as State and considering the materials placed before me, it appears that the rigour of Section 37 of the NDPS Act clearly attracts in respect of the present petitioner in the instant case.

Therefore, the prayer for bail is considered and rejected. However, the learned Trial Court is requested to make every endeavour to expedite the trial, keeping it in mind that the petitioner's valuable fundamental right of speedy trial is guaranteed under Article 21 of the Constitution of India. Accordingly, C.R.M. (NDPS) 582 of 2025 stands 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.)