Ashraf Hossain Chowdhury v. State Of West Bengal

D/L 14 18.11.2025 Bpg.

Rejected C.R.M. (NDPS) 1425 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Berhampore Police Station Case No.269/2024 dated 22.02.2024 under Sections 21(c)//25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act;

Ashraf Hossain Chowdhury

Versus

The State of West Bengal Mr. Ayan Bhattacharya Mr. Samarjit Sarkar.

...for the petitioner.

Mr. Debasish Roy, Ld.P.P.

Mr. Sanjay Banerjee Mr. Dattatreya Dutta.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year 5 months and the subject matter of the case relates to 7.5 kg. of morphine being recovered. Learned advocate for the petitioner submits that no recovery was made from the present petitioner and in spite of the same, he is in custody. Only three witnesses have been examined from the proposed charge-sheeted witnesses.

Mr. Roy, learned Public Prosecutor appearing for the State opposes the prayer for bail and also tries to establish from the materials available in the case diary, the complicity of the petitioner in connection with the instant case and submits that although there has been no recovery from the petitioner but there are materials which would reflect that the petitioner was thickly connected with

the alleged offence.

Be that as it may, the trial of the case is in progress, three witnesses have been examined and, on instructions from the investigating officer of the case, learned Public Prosecutor submits that 18 witnesses will be examined in connection with the instant case.

Having considered the stage of the case, I am of the opinion that at this stage, it would not be fit and proper to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner in CRM (NDPS) 1425 of 2025 is rejected.

However, if within a period of six months from the date of communication of this order substantial number of witnesses, i.e. 10 more witnesses are not examined, the petitioner would be at liberty to approach this Court for renewal of the prayer for bail. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)