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Calcutta High CourtCRM (NDPS)/1243/2025dismissed

Prem Chand Yadav v. State Of West Bengal

2025-12-11Hon'Ble Justice Tirthankar Ghosh3 pages

11.12.2025 Serial no. 588 [G.S.D] CRM (NDPS) 1243 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 NDPS Case No. 3 of 2024 arising out of Chanditala Police Station Case No. 387 of 2024 dt. 31.05.2024 u/s 21(c)/25/29 of the NDPS ACt.

-AndIn the matter of : Prem Chand Yadav ... ... Petitioner(s) Mr. Saubhik Mitter Mr. Jay Chakraborty ... for the Petitioner(s) Mr. Saibal Bapuli, ld. APP Mr. Asif Dewan ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for one and half years and there are deviations in respect of the seizures being effected and the seizures which were made, as such, on any stringent condition, the petitioner may be released on bail as there has hardly been any progress in the trial of the case. Learned advocate for the State opposes the prayer for bail and submits that 9500 bottles of phensedyl were recovered and the petitioner happens to be the owner of the vehicle. Learned advocate also added that the recovery also reflects that the petitioner was receiving from another truck. I have taken into account the facts of the case as also the factum that the issue relating to seizure was earlier considered. However, the petitioner being in custody for

more than one and half years and, till date, witness action is slowly progressing.

Having considered the overall circumstances, I am not inclined to enlarge the petitioner on bail, at this stage. Hence, the prayer for bail of the petitioner is Rejected.

However, I direct the trial court to fix a schedule of three dates at least once in a month so that within a reasonable period of time, there is some progress in the trial of the case.

Accordingly, CRM (NDPS) of is dismissed.

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.)