Kamal Uddin v. State Of West Bengal

19.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.66 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1275 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Berhampore Police Station Case No. 269 of 2024 dated 22.02.2024 under Sections 21(c)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Kamal Uddin ... Petitioner.

Mr. Moyukh Mukherjee, Ms. Sagnika Banerjee ... For the Petitioner.

Mr. Debashis Roy, Ld. PP, Mr. Saryati Datta, Ms. Rajnandini Das ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 549 days and the subject-matter of the case relates to alleged recovery of 7.5 kgs. of morphine. There is no possibility of trial concluding in near future as only three witnesses have been examined. As such, 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 in connection with another similarly placed accused in CRM(NDPS) 1425 of 2025 directions have been passed wherein it was submitted that 18 witnesses have been proposed to be examined. State has been earlier directed to

examine at least ten more witnesses within the next six months. It has further been informed to this Court that the next date is fixed on 06.01.2026.

It is directed that for each of the witnesses, only two days would be fixed. The examination-in-chief and crossexamination is to be completed within two days. Learned Trial Court would afford at least part of 20 working days for the purposes of the present case within the schedule of six months so earlier directed.

It is further directed that no unnecessary adjournment be granted to any of the parties and trial of the case would continue in spite of any resolution of the local Bar. For the present, the prayer for bail of the petitioner is rejected.

Petitioner would renew his prayer for bail after the aforesaid period is over.

The application for bail, being CRM (NDPS) 1275 of 2025, is, thus, disposed of.

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.)