Nabi Hossain Miah v. State Of West Bengal

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 676 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1340 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 Sankrail Police Station Case No. 433 of 2024 dated 16.06.2024 under Sections 20(b)(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Nabi Hossain Miah ... Petitioner.

Mr. Ashok Das, Mr. Sk. Toslim Ali ... For the Petitioner.

Ms. Manisha Sharma, Mr. Md. E. Aktar ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 6 months and has been implicated in connection with the instant case for recovery of 516 kgs. of ganja. There is no possibility of the trial concluding in near future. 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 release of the petitioner would jeopardize the trial of the case. Having regard to the quantum of seizure of contraband, I am of the view that the petitioner has failed to overcome the rigors of Section 37 of the NDPS Act. As such, the prayer for bail of the petitioner is rejected.

Learned Trial Court is directed to take steps for expediting the process of trial of the case.

The application for bail, being CRM (NDPS) 1340 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.)