Mosa Samima Aktari @ Samima Aktari v. State Of West Bengal

29.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.143 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1085 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Kaliachak Police Station Case No. 1401 of 2025 dated 10.08.2025 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Mosa Samima Aktari @ Samima Aktari ... Petitioner.

Md. Wasim Akram, Ms. Sabrina Parveen ... For the Petitioner.

Mr. Moyukh Mukherjee, Ms. Sagnika Banerjee ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is a lady and the subject-matter of the case involves alleged recovery of 1539 grams of Brown Sugar. Petitioner is in custody for 323 days and charge-sheet has already been submitted, but charges have not been framed. It has also been contended that there was no lady officer at the time of effecting seizure.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

Be that as it may, so far as the initial complaint is concerned, the raiding team reflects a lady member. The same, as such, is a question of fact to be decided in course of trial.

Having considered the quantum of seizure in the present case, I am of the opinion that the petitioner has

failed to overcome the rigors of Section 37 of the NDPS Act. As such, the prayer for bail of the petitioner is rejected. The application for bail, being CRM (NDPS) 1085 of 2026, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly 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.)