Karima Bibi v. State Of West Bengal

08.07.2025 SL No.58 Court No.29 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 578 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 43/2024 arising out of Maheshtala Police Station Case No. 584/2024 dated 17.11.2024 under Section 21(c) of the NDPS Act, 1985.

-AndIn the matter of: Karima Bibi

...Petitioner

Mr. Pradip Kumar Kindu ...for the Petitioner Mr. Ranabir Roy Chowdhury Ms. Madhumita Basak ...for the State Learned counsel appearing on behalf of the petitioner submits that 5.230 kg of codeine phosphate mixture was allegedly recovered from the joint possession of the petitioner and the petitioner is in custody for about seven months and that the investigation has already been ended in chargesheet which was filed on 26.03.2025 and that further detention of the present petitioner may not be required and as such he may be released on bail on any terms and conditions.

Learned Counsel appearing on behalf of the State vehemently opposed the bail prayer contending that huge amount of codeine phosphate mixture was recovered from the joint possession of the present petitioner and 16th July, 2025 is fixed for framing of charge

and the trial is going to commence shortly and if the petitioner is released on bail at this stage there is serious chance of his abscondence which will defer the final hearing of the proceeding. 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 restrictions imposed in 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. Accordingly, C.R.M. (NDPS) 578 of 2025 stands disposed of. However, the learned Trial Court is requested to make every endeavour to expedite the trial, keeping it in mind that petitioner's valuable fundamental right of speedy trial is granted under Article 21 of the Constitution of India.

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.)