Fatik Sarkar v. The State Of West Bengal

M/L 436 02.12.2025 C.R.M. (NDPS) 640 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malda Town GRPS Police Station Case No.13 of 2025 dated 15.02.2025 under Sections 21(C)/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Fatik Sarkar

Versus

The State of West Bengal Mr. Avinaba Patra Ms. Papia Bhowmick.

...for the petitioner.

Mr. Avishek Sinha Ms. Jonaki Saha.

...for the State.

Bpg.

Learned advocate appearing for the petitioner is aggrieved by the fact that in spite of the petitioner being detained in custody for more than 9 months, there has been no progress in the trial of the case, learned advocate prays for bail on any stringent conditions.

Learned advocate for the State opposes the prayer for bail and submits that 1.037 Kgs. of Yaba tablets were recovered from the possession of the petitioner.

Having considered that commercial quantity of contraband has been recovered, I am not inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner in CRM(NDPS) 640 of 2025 is dismissed.

However, the learned trial court is directed to ensure that since for indefinite period a person cannot be detained. Efforts be taken for progress of the trial so that the same can be taken to its logical conclusion within a reasonable period of time. At least one schedule of three dates in a month be fixed by the learned trial court. Prosecution would cooperate for ensuring production of the witnesses on the date so fixed.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)