Moreselim Sekh @ Mursalim And ANR. v. State Of West Bengal

17.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.624 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1284 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Kaliganj Police Station Case No. 100 of 2025 dated 30.01.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Morselim Sekh @ Mursalim and another ... Petitioners.

Mr. Aritra Kumar Thokdar ... For the Petitioners.

Mr. Saibal Bapuli, APP, Mr. Debanshu Ghorai ... For the State.

Learned advocate appearing for the petitioners submits that the petitioners were arraigned for alleged recovery of 513 grams of heroin. Petitioners claim to be innocent and have been detained for 290 days. Although investigation has been concluded, but there is no possibility of the trial concluding in near future. As such, petitioners pray for bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the contraband so seized is of commercial quantity. On perusal of the records, I am of the view that the petitioners have failed to overcome the rigors of Section 37 of the NDPS Act. As such, the prayer for bail of the petitioners is rejected.

Prosecution would put in efforts to examine the seizure list witnesses preferably within a period of three months from the date of framing of the charges.

Petitioners would be at liberty to renew their prayer for bail after the examination of seizure list witnesses is over. The application for bail, being CRM (NDPS) 1284 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.)