Dulal Hossain v. State Of West Bengal

19.11.2025 Serial no. 37 [G.S.D] CRM (NDPS) 1460 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Suti Police Station Case No. 952 of 2024 dated 15.12.2024 under sections 21(b)/29 of the NDPS Act arising out of NDPS Case No. 136 of 2024.

-AndIn the matter of : Dulal Hossain ... ... Petitioner(s) Mr. J. I. Hossain ... for the Petitioner(s) Mr. Antarikhya Basu Ms. Debjani Sahu ... for the State-respondent(s) Learned advocate for the petitioner submits that 108 bottles of phensedyl were allegedly recovered from the possession of the petitioner and he has been detained for 341 days.

It has also been pointed out that on conclusion of the investigation, charge-sheet has been submitted and charges have been framed.

The attention of the court has been drawn to the fact that the prosecution in order to prove its case intends to rely upon 17 witnesses.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that next date has been fixed for examination of the prosecution witnesses and the prosecution would exert best of their efforts for concluding the trial at the earliest.

Be that as it may, having regard to the period of detention of the present petitioner and the fact that there is no possibility of the trial being concluded very soon, I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Dulal Hossain shall be released on bail upon 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 the learned Special Judge (under NDPS Act), Berhampore, Murshidabad.

If on bail, the petitioner shall make himself physically available on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Special Court.

Accordingly, CRM(NDPS) 1460 of 2025 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)