Monirul Sk. v. State Of West Bengal

11.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.574 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1228 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No. 496 of 2022 dated 23.12.2022 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Monirul Sk.

... Petitioner.

Mr. Tapodip Gupta ... For the Petitioner.

Mr. Prasun Kumar Dutta, APP, Ms. Trisha Rakshit ... For the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 2 years 11 months 14 days and even after the earlier direction was passed, till date the trial could not be completed. As such, on any stringent condition, petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that 12 witnesses have already been examined out of the proposed 17/18 witnesses.

In view of the quantity of heroin seized being 302 grams, I am not inclined to release the petitioner on bail as the provision of Section 37 of the NDPS Act is attracted. As such, the prayer for bail of the petitioner is rejected.

However, having considered the long tenure for which the petitioner is languishing in jail and the State is unable to conclude the investigation, I direct the learned Trial Court to take steps so that within the next six months, rest of the prosecution witnesses are concluded. No unnecessary adjournment be granted to any of the parties and trial of the case would continue in spite of any resolution of the local Bar.

Petitioner would renew his prayer for bail after the aforesaid period is over.

The application for bail, being CRM (NDPS) 1228 of 2025, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)