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Calcutta High CourtCRM (NDPS)/1266/2025dismissed

Rubel Khan v. State Of West Bengal

2025-12-19Hon'Ble Justice Tirthankar Ghosh2 pages

D/L64 19.12.2025 Bpg.

C.R.M. (NDPS) 1266 of 2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Dhubulia Police Station Case No.28 of 2025 dated 18.01.2025 under Sections 20(b)(ii)C/25/29 of the Narcotic Drugs and Psychotropic Substances Act; Rubel Khan

Versus

The State of West Bengal Mr. Soubhik Mitter Mr. Joy Chakraborty.

...for the petitioner.

Mr. Prasun Kumar Datta Mr. Parvej Anam.

...for the State.

The subject matter of the case relates to recovery of 148 kgs. of ganja and so far as the present petitioner is concerned, it has been contended on behalf of the learned advocate for the petitioner that he is in custody for 91⁄2 months. Charges have not been framed and he was arrested 11⁄2 months after the case was registered for investigation.

Learned advocate for the State opposes the prayer for bail and submits that there was recovery of a mobile phone which relates to certain SIM Cards being closely associated with the principal accused, as such, at this stage, release of the petitioner would jeopardize the trial. It has also been informed that two of the accused persons are absconding.

In view of the detention of the present petitioner, I direct

the learned trial court to split up the trial of the case, supply necessary copies and thereafter overcome the stage of consideration of charges. So far as the seizure list in respect of the present petitioner is concerned, two of the witnesses are CSW 7 and CSW 8. The learned trial court would give priority so far as the examination of these two witnesses are concerned. At this stage, I am not inclined to release the petitioner on bail.

Accordingly, CRM(NDPS) 1266 of 2025 is dismissed. However, it is directed that the petitioner will renew his prayer for bail after the evidence of CSW 7 and CSW 8 is over. Learned trial court is directed to complete whole of the process by 31st March, 2026.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)