Farikul Sk. v. State Of West Bengal

17.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L.660 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1323 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Kulti Police Station Case No. 29 of 2025 dated 14.01.2025 under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Farikul Sk.

... Petitioner.

Mr. Joydeep Biswas, Mr. Asraf Mandal, Mr. Tanbir Mandal ... For the Petitioner.

Mr. Madhusudan Sur, APP, Ms. Suveni Banerjee ... For the State.

Petitioner was arraigned because of recovery of 258 grams of heroin and is in custody for 11 months. There is no possibility of the trial concluding in near future. As such, on any stringent condition, petitioner prays for bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that witness action has already commenced and the evidence of PW-1 is continuing.

Having regard to the materials available in the case records, I am of the view that prima facie the petitioner has failed to overcome the rigors of Section 37 of the NDPS Act. As such, at this stage, the prayer for bail of the petitioner is rejected.

State is directed to examine the seizure list witnesses within a period of sixty days from the next date so fixed before the learned Trial Court.

Petitioner would be at liberty to renew his prayer for bail after the examination of seizure list witnesses is over. The application for bail, being CRM (NDPS) 1323 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.)