Calcutta High CourtCRM (NDPS)/1395/2025dismissed

Jashimuddin Kha And ANR. v. State Of West Bengal

2025-12-18Hon'Ble Justice Tirthankar Ghosh2 pages

18.12.2025 Court No.35.

M/L. 704.

Rakib (rejected) CRM (NDPS) 1395 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Panskura Police Station case no. 37 of 2024 dated 11.01.2024 under Sections 20(b)(ii)(C)/25/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Jashimuddin Kha & Anr.

......Petitioner.

Mr. Ali Ahsan Alamgir Ms. Soma Nal Ms. Rabia Khatoon Ms. June Modak ......for the Petitioner.

Mr. Saryati Dutta Mr. Dattatreya Dutta ......for the State.

Learned advocate for the petitioners submits that the petitioners are in custody for one year 11 months and although, charges have been framed but the witness action is at a slow pace. As such there is no possibility of the trial concluding in near future, therefore, petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that 352 kg of ganja were recovered from a vehicle and the petitioners are the driver and helper of the said vehicle.

Having regard to the quantum so seized, I am of the view that the rigor of Section 37 of the NDPS Act is attracted.

As such the prayer for bail of the petitioners in CRM (NDPS) 1395 of 2025 is dismissed.

As the trial of the case is in progress, I direct the learned trial Court that after the examination of the present witness the learned trial Court would give priority for fixing date for examination of the seizure list witnesses. The examination of seizure list witnesses be over within a period of 60 days from the next date so fixed.

Petitioners would be at liberty to renew their prayer for bail after the aforesaid period is over.

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.)