Selima Beowa And ANR v. The State Of West Bengal
07.11.2025 Serial no. 92 [G.S.D] CRM (NDPS) 866 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 C. Case No. 08 of 2024 arising out of Md. Bazar Police Station Case No. 236/2024 dated 24.07.2024 under Sections 20(b)(ii)(c)/29 of the NDPS Act, 1985.. -AndIn the matter of : Selima Beowa & Anr.
... ... Petitioner(s) Mr. Saryati Datta Mr. Sanjib Kr. Dan Mr. Chitrak Biswas ... for the Petitioner(s) Ms. Anasuya Sinha Md. Y. A. Ismail ... for the State-respondent(s) Learned advocate appearing for the petitioners submits that the petitioners are in custody since July, 2024. The subject-matter of recovery relates to 32.08 kgs of ganja from the joint possession of three accused persons. The prosecution has relied upon 17 witnesses to prove its case.
Learned advocate for the State opposes the prayer for bail and submits that charge has already been framed and date has been fixed in the month of December, 2025 for examination of CSW1 and other witnesses.
Learned advocate for the State further submits that the petitioners were also implicated in criminal cases relating to similar nature of offences under the NDPS Act.
Be that as it may, I have perused the order-sheet(s) which has been enclosed and I find that dates have been repeatedly fixed by the learned trial court for examination of the witnesses, but, till date, no witness has been examined and the same is continuing since 07.01.2025 i.e., for the last 11 months.
The petitioners are ladies as also senior citizens. Having considered the same, I am of the view that further custodial detention of the petitioners may not be warranted. Hence, the prayer for bail of the petitioners is Allowed.
Accordingly, the petitioners viz, Selima Beowa and Anju Beowa shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the learned NDPS Act, 1st Court, Suri, Birbhum.
If on bail, the petitioners shall also make themselves physically available on each and every date so fixed by the learned trial court and shall not leave the jurisdiction of Birbhum District without prior intimation to the learned trial court.
In case, there is any violation of the aforesaid conditions, the trial court would be at liberty to cancel the bail without further reference to this court.
Accordingly, CRM(NDPS) 866 of 2025 is allowed. 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.)