Rafik v. State Of West Bengal

19.11.2025 Court No.35.

D/L. 23.

Kausik (Allowed) CRM (NDPS) 1364 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Islampur Police Station Case No. 700 of 2024 dated 18.07.2024 under Sections 21(c)/23(c) of the Narcotic Drugs and Psychotropic Substances Act.

And In the matter of : Rafik ......Petitioner.

Mr. Kaushik Choudhury ......for the Petitioner.

Ms. Subhasree Patel Mr. Ratul Ghosh ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated on the grounds of seizure of 650 bottles of Phensedyl. The investigation of the case has already been concluded and after the charge sheet was submitted, charges have been framed and only 2 witnesses out of the 23 witnesses have been proposed.

Petitioner is in custody for more than 14 months. Learned advocate for the State opposes the prayer for bail. A report has been submitted. The concerned Officer intends to examine 23 witnesses. Having regard to the fact that there is no possibility of the trial being concluded in near future, I am inclined to allow the prayer for bail of the petitioner only on the issue of period of detention.

It has been pointed out that the petitioner has antecedents but none of the cases relate to violation of NDPS Act.

Having considered the same, I direct that the petitioner, namely, Rafik be released subject to furnishing bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of learned Special Judge, NDPS Act, Raiganj, Uttar Dinajpur.

If on bail the petitioner shall be physically present on each and every date before the learned Trial Court. Petitioner shall not leave the jurisdiction of Uttar Dinajpur without the prior permission of the learned Special Court. Accordingly, CRM (NDPS) 1364 of 2025 is allowed. All parties shall act in terms of server copy of the order 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.)