Aijul Sheikh v. State Of West Bengal

M/L 85 07.11.2025 Bpg.

dismissed C.R.M. (NDPS) 823 of 2025 In Re: An application for Bail under Section 439 of the Code Criminal Procedure as amended/under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sagarpara Police Station Case No.475 of 2024 dated 01.12.2024 under Sections 21 (c)/29 of the Narcotic Drugs and Psychotropic Substances Act; Aijul Sheikh

Versus

The State of West Bengal Mr. Tapodip Gupta Mr. Suman Bhanja.

...for the petitioner.

Ms. Faria Hossain Ms. Jonaki Saha.

...for the State.

Learned advocate appearing for the petitioner is aggrieved by the fact that the petitioner is in custody for 11 months and there are allegations of recovery of 700 bottles of phensedyl from the possession of the petitioner. He has been detained in custody. It has been alleged that there are hardly any materials and the seizure list has been manufactured to seek the needs of the investigating officer, as such, on any stringent conditions the petitioner may be released on bail.

It has been informed that there are 11 accused persons. Learned advocate appearing for the State submits that other accused persons are absconding. Processes have been issued against them.

In view of the prolonged detention of the petitioner in custody, I direct that the processes, if any against absconding

accused be executed and the same be exhausted within a period of 75 days from the date of communication of this order. The case of the petitioner be segregated thereafter and at the earliest possible opportunity preferably within a period of 45 days thereof, the stage of consideration of charges be completed by the learned special court. Petitioner would be at liberty to approach this Court after the aforesaid time period is over.

Accordingly, CRM(NDPS) 823 of 2025 is dismissed. 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.)