Jamrul Sheikh @ Jamu @ Jamrul Sk v. State Of West Bengal
18.12.2025 Serial no. 688 [G.S.D] CRM (NDPS) 1352 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 Sagarpara PS Case No. 148 of 2025 dated 12th February, 2025 u/s 21(c)/29 of the NDPS Act, 1985. -AndIn the matter of : Jamrul Sheikh @ Jamu @ Jamrul Sk ... ... Petitioner(s) Mr. Arnab Chatterjee Mr. A. Ghosh ... for the Petitioner(s) Mr. Antarikhya Basu Mr. Debarshi Bramha ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been detained for alleged recovery of 897 bottles of phensedyl and is in custody for ten months and, there is no possibility of the trial being concluded in the near future, as such, on any stringent conditions the petitioner may be released on bail.
Learned advocate for the State opposes the prayer for bail and submits that there were recoveries of 897 bottles of phensedyl along with a sum of Rs. 2 lakh from the present petitioner; further, on the basis of statement of the another accused, 100 bottles of phensedyl were also recovered. Learned advocate added that there are thirteen accused persons in the present case in which six of the accused persons are absconding.
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Having regard to the quantum so seized, at this stage, I am of the view that Section 37 of the NDPS Act is attracted.
Hence, the prayer for bail of the petitioner is Rejected.
However, as, till date, charge has not been framed, I direct the learned trial court to split up the trial of the case after exhausting the process of law. The learned trial court would after consideration of the charges give preference for examination of the seizure list witnesses The petitioner will renew his prayer for bail after the evidence of the seizure list witnesses are over. Accordingly, CRM(NDPS) 1352 of 2025 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.)