Saddam Sha And ANR. v. State Of West Bengal

27.11.2025 Court No.35.

D/L. 94.

Kausik (Rejected) CRM (NDPS) 832 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Hogolberia Police Station Case No. 227 of 2024 dated 12.09.2024 under sections 20(b)(ii)(c)/25/29 of the NDPS Act;

And In the matter of : Saddam Sha & Anr.

......Petitioners.

Mr. P. Mukherjee ......for the Petitioner.

Mr. Subhamoy Bhattacharya Ms. Rituparna Saha ......for the State.

Learned advocate appearing for the petitioners submits that from the joint possession of the petitioners 41 Kgs. of Ganja/Contraband were recovered and they are in custody for about 14 and a half months. The other accused persons have been granted anticipatory bail. Although charge sheet has been submitted there has been no progress in the case. Learned advocate for the State opposes the prayer for bail and submits that the other accused persons have appeared before the learned Court only on 13.11.2025 and the next date has been fixed on 17.12.2025 for supply of copy. Having considered the fact that the present petitioners are in custody for 14 and a half months, learned Special Court is directed to conclude the process of supply of copies and fix date for consideration of charges within 45 days from the next

date so fixed. Thereafter efforts be put in so that the seizure list witnesses are examined within a period of 3 months from the date of consideration of charges.

At this stage, I am not inclined to release the petitioners on bail having considered the facts that prima facie it reflects that Section 37 of the NDPS Act is attracted so far as the present petitioners are concerned.

However the petitioners would be at liberty to approach this Court after the aforesaid steps are over before the learned Special Court.

Thus, CRM (NDPS) 832 of 2025 is dismissed.

All parties shall act in terms of server copy of the order 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.)