Raja Khan And ANR. v. State Of West Bengal

08.07.2025 SL No.64 Court No.29 S.Gayen

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 586 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 33/2024 arising out of Azimganj GRPS Case No.

08/2024 dated 29.03.2024 under Sections 21(c)/27A/29 of the NDPS Act, 1985.

-AndIn the matter of: Raja Khan & Anr.

...Petitioners

Mr. Arnab Chatterjee Ms. Dhanasree Biswas Ms. Poulami Bose ...for the Petitioners Ms. Subhasree Patel Mr. Subhojit Chowdhury ...for the State Learned counsel appearing on behalf of the petitioners submits that 2 kg 75 grams of heroine was allegedly recovered from the joint possession of the three persons. However, after investigation chargsheet has been submitted against four accused persons out of which one is still absconding. Petitioner is in custody for about one year four months and that the charge has not yet been framed and nobody knows when the trial would be concluded 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 the bail prayer of the

present petitioner No.2 was rejected by this Court on 24.02.2025 and the bail prayer of another co-accused, Sentu Seikh has also been rejected by this Court on 26.06.2025 and the present petitioners are almost on the same footing and that the delay in trial is clearly attributable to the absconding accused persons and as such she opposed the bail prayer.

Having heard the learned counsel appearing on behalf of the petitioner as well as State it appears that commercial quantity of narcotics was recovered from the joint possession of the petitioner and 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. Accordingly, C.R.M. (NDPS) 586 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.)