Calcutta High CourtCRM (NDPS)/723/2025rejected

Obaidul Hoque v. State Of West Bengal

2025-07-30Hon'Ble Dr. Justice Ajoy Kumar Mukherjee2 pages

30.07.2025 sb C.R.M. (NDPS) 723 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NDPS case no. 108 of 2024 arising out of Jiaganj Police Station case no. 418 of 2024 dated 28.10.2024 under Sections 21(c) of the NDPS Act 1985.

And In the matter of : Obaidul Hoque .... Petitioner Mr. Arnab Chatterjee Mr. Anisur Rahaman ...for the Petitioner Mr. Rudradipta Nandy, Ld. APP Ms. Nandini Chatterjee ...for the State The prosecution case is that 120 bottles of phensidyl syrup containing codeine phosphate was allegedly recovered from the exclusive possession of the present petitioner. Learned counsel for the petitioner submits that the investigation has already been culminated into a charge-sheet and he is in custody for about nine months. He further submits that further detention of the petitioner may not be required since there is uncertainty about the period as to when the trial would be concluded and as such, he may be released on bail on any terms and conditions. Learned counsel for the State opposed the prayer for bail contending that the commercial quantity of contraband was recovered from the exclusive possession of the present petitioner and that the trial is about to commence and if he is

released on bail, there is serious chance of his abscondance which may defer the trial.

Having considered the submissions made on behalf of both the parties and that the materials placed before me, discloses that petitioner fails to overcome the restrictions imposed under Section 27 of the NDPS Act, the prayer for bail made by the petitioner is rejected.

However, the Trial court is requested to expedite the trail and to make every endeavour to conclude the trial at an earliest possible date. Both the parties will communicate the order to the Trial court immediately.

Accordingly, CRM (NDPS) 723 of 2025 is 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.)