Nasirullah Khan And ANR. v. State Of West Bengal
17.12.2025 Serial no. 633 [G.S.D] CRM (NDPS) 1295 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 NDPS Case No. 14 of 2025 arising out of Asansol North PS Case No. 339 of 2025 dated 15.07.2025 u/s 21(b)/29 of the NDPS Act, 1985.
-AndIn the matter of : Nasirullah Khan & Anr. ... ... Petitioner(s) Mr. Jaydeep Biswas Mr. Asraf Mandal Mr. Tanbir Mandal ... for the Petitioner(s) Mr. Arijit Ganguly Ms. Suruchi Saha ... for the State-respondent(s) Learned advocate for the petitioners submits that the subject-matter of the case relates to alleged recovery of 94 gm of heroine from the two petitioners and they are in custody for more than five months. Learned advocate also submits that there is no possibility of the trial concluding in the near future, as such, on any stringent condition, the petitioners may be released on bail.
Learned advocate for the State opposes the prayer for bail and submits that charge-sheet as well as Supplementary Charge-sheet has been submitted. However, there are no antecedents of the present petitioners as is revealed from the case diary.
Having considered that intermediate quantity of contraband has been seized, I am of the view that Section 37 of the NDPS Act is not attracted.
Hence, the prayer for bail of the petitioners is Allowed.
Accordingly, the petitioner viz, Nasirullah Khan and Khaleda Bibi shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Special Court under NDPS Act-cum-ADJ, 3rd Curt at Asansol, Paschim Bardhaman.
If on bail, the petitioners shall be physically present on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of Paschim Bardhaman without prior permission of the learned Trial Court/Special Court.
Accordingly, CRM(NDPS) 1295 of 2025 is allowed. 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.)