Samirul Raja Seikh @ Samirul Raja Saikh v. State Of West Bengal

11.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.575 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1229 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 Farakka Police Station Case No. 477 of 2022 dated 20.11.2022 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Samirul Raja Seikh @ Samirul Raja Saikh ... Petitioner.

Mr. Tapodip Gupta ... For the Petitioner.

Mr. Md. Adil Badr, Ms. Sana Naaz ... For the State.

Learned advocate appearing for the petitioner submits that petitioner was implicated on the basis of the statement of co-accused and he is in custody for more than 1 year 4 months. It is further submitted that till date, no witness action has started, although charge was framed almost a year ago. 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 the motorcycle, which was involved in the instant case, which was carrying the contraband, belonged to the present petitioner and as such, he cannot be said to be innocent. Further, from the records of the case, it would be transparent that the petitioner was evading the process of

law for a considerable period of time and by suppressing the rejection of first anticipatory bail application, preferred another application for anticipatory bail.

I have taken into account the submissions of the learned advocates for the petitioner and the State and on assessment of the same, I am of the view that the procedural issues, which are being canvassed, have already concluded and all the accused persons are before the Court. The State, as such, would within 15th March, 2026 conclude the two independent seizure list witnesses relied upon in the chargesheet. At this stage, the prayer for bail of the petitioner is rejected.

Petitioner will renew his prayer for bail after 15th March, 2026.

The application for bail, being CRM (NDPS) 1229 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.)