Md Karim Sk v. State Of West Bengal

27.11.2025 Serial no. 81 [G.S.D] CRM (NDPS) 652 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 50 of 2024 arising out of English Bazar PS Case No. 838 of 2024 dated 25.06.24 u/s 21(c)/29 of the NDPS Act, 1985.

-AndIn the matter of : Md. Karim Sk ... ... Petitioner(s) Mr. Abhimanyu Banerjee Mr. Arnab Saha ... for the Petitioner(s) Mr. Pravash Bhattacharjee Ms. D. Sahu ... for the State-respondent(s) Learned advocate for the petitioner submits that 500 gm of brown sugar were seized in connection with the instant case. According to the learned advocate, the petitioner is in custody for one year and five months and the evidence of the case is in progress.

Learned advocate again submits that there is hardly any possibility of the trial concluding very soon, as such, on any stringent condition the petitioner may be released on bail.

Learned advocate for the petitioner also challenges the issue relating to grounds of arrest not having been supplied.

However, in view of the decisions of the Hon'ble Apex Court in [Mihir Rajesh Shah -vs- State of Maharashtra

& Anr in Crl No. 2195 of 2025] wherein it has been held that the custom of supplying the grounds of arrest would apply 'henceforth', as such, I am of the opinion that at the relevant point of time, if there was any anomaly, the same should not enure any benefit to the accused.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that since commercial quantity of contraband were recovered, the provisions of Section 37 of the NDPS Act have been attracted.

Having regard to the stage of the proceedings and the period of detention of the petitioner, I am not inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Rejected.

The learned trial court is directed to expedite the proceeding and complete at least five witnesses within 31st May, 2026.

Accordingly, CRM(NDPS) 652 of 2025 is dismissed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)