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Calcutta High CourtCRM (NDPS)/1226/2025rejected

Iqbal Sk @ Ekbal Sk v. State Of West Bengal

2025-12-11Hon'Ble Justice Tirthankar Ghosh2 pages

11.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.573 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1226 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Baishnabnagar Police Station Case No. 108 of 2025 dated 30.01.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Iqbal Sk @ Ekbal Sk ... Petitioner.

Mr. Joy Chakraborty, Mr. S. Dinda ... For the Petitioner.

Mr. Madhusudan Sur, APP, Mr. Atanu Ghosh ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody since 30.01.2025 and although charge-sheet has been submitted and charge has been framed, but till date, witness action has not started and the prosecution intends to rely upon eight witnesses in order to prove its case. Petitioner prays for bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that 453 grams of heroin was recovered from the sole possession of the present petitioner and his release would jeopardize the trial.

Having regard to the quantum so seized, I am of the view that the rigors of Section 37 of the NDPS Act is

attracted. As such, the prayer for bail of the petitioner is rejected.

State would take steps for commencing witness action from the next date so fixed.

The application for bail, being CRM (NDPS) 1226 of 2025, is, thus, dismissed.

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.)