Calcutta High CourtCRM (NDPS)/1257/2025disposed

Md Shah Alam @ Md Sah Alam v. Union Of India

2026-01-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.01.2026 Court No.35.

M/L. 37.

Kausik (Rejected) CRM (NDPS) 1257 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with NCB Crime No. 21/NCB/KOL/2024 dated 13.12.2024 under Section 21(c)/29 of the NDPS Act, 1985.

And In the matter of : Md. Shah Alam @ Md. Sah Alam ......Petitioner.

Mr. Angshuman Chakraborty ......for the Petitioner.

Mr. Anirban Mitra ......for the NCB (UOI).

Learned advocate appearing for the petitioner submits there has hardly been any progress in the case since June, 2025 and the petitioner is a driver of one of the vehicles from where allegedly seizure was effected of 8765 bottles of Phensedyl cough syrup.

Report submitted by the NCB reflects that number of accused persons are there. One of the accused persons, namely Akmal Razi is still absconding. Prima facie, it reflects that there was contact between the present petitioner and the absconding accused.

Be that as it may, the petitioner is in custody since December, 2024.

Having considered the period of detention of the present petitioner and the report submitted by the NCB reflecting that they would exhaust the process of law and advance prayers for splitting up of the trial, I direct that the execution report be submitted before the learned Special Court on the next date with a prayer for issuing harsher process and for exhausting all the processes prior to splitting up of the trial. Learned Trial Court will also take into account the agony faced by the petitioner because of the trial not proceeding and take steps for an early date of consideration of charges immediately after the trial is split up. At this stage, the prayer for bail of the petitioner is not granted.

Accordingly, CRM (NDPS) 1257 of 2025 is dismissed. Report submitted by the NCB be kept with the record. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)