Tahid Sk @ Bishu v. State Of West Bengal

19.11.2025 Serial no. 30 [G.S.D] CRM (NDPS) 1453 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 NDPS case no. 63 of 2025 arising out of Berhampore Police Station Case No. 611 of 2025 dated 26.03.2025 under sections 20(b)(ii)(C)/29 of the NDPS Act, 1985.

-AndIn the matter of : Tahid Sk @ Bishu ... ... Petitioner(s) Mr. Arnab Chatterjee Mr. Avik Ghosh Mr. Anisur Rahman Ms. A. Ghosh ... for the Petitioner(s) Mr. Subhamay Bhattacharya Mr. Parvej Anam ... for the State-respondent(s) Although, the subject-matter of the case relates to 145 kgs of ganja, but, only 2.63 kgs of ganja were recovered from the possession of the present petitioner. It has also been contended that there has been no progress in the trial of the case, although, charge-sheet has been submitted.

Learned advocate for the State submits that another accused person is absconding, as such, trial cannot be progressed. Harsher process of law has also been issued and effective steps are being taken to execute the same. Learned advocate further submits that the petitioner is a history sheeter with 18 antecedents of which some of their similar cases.

Having regard to 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.

Hence, the prayer for bail of the petitioners is Rejected.

State is directed to ensure that the process relating to absconding of the another accused is completed within a period of 90 days, thereafter, if required, trial be split up. The petitioner would be at liberty to approach this court after a period of six months from date. Accordingly, CRM(NDPS) 1453 of 2025 is dismissed. 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.)