Md Azad v. State Of West Bengal

M/L 485 04.12.2025 Bpg.

dismissed C.R.M. (NDPS) 1068 of 2025 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kamarhati Police Station Case No.61 of 2022 dated 28.05.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Md. Azad

Versus

The State of West Bengal Mr. Dhananjay Banerjee Mr. P. Hazra.

...for the petitioner.

Mr. Koushik Kundu Mr. Asif Dewan.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 3 years 6 months and the petitioner is similarly situated as Md. Imran @ Tohid, the other accused person who has been granted bail in CRM(NDPS) 822 of 2025. Petitioner prays for bail on any stringent conditions. State has submitted a report. Report reflects that on 06.01.2026 the last witness is fixed i.e. the investigating officer of the case as is reflected from the report of the Officer-in-Charge, Kamarhati Police Station.

Having considered the report so submitted, I direct that if the investigating officer do not turn up on 06.01.2026, the petitioner be released on bail on such terms and conditions as the learned trial court deems fit and proper for ensuring the presence of

the accused. However, in case the evidence of the investigating officer commences and continues, learned trial court will not give effect to the aforesaid directions.

With the aforesaid observation, CRM(NDPS) 1068 of 2025 is disposed of.

Since the petitioner is in custody for 3 years 6 months, I direct the learned trial court to pronounce the verdict by 28th February, 2026.

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.)