Md. Nizam Uddin @ Guddu v. Narcotic Control Bureau

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.728 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 Naba Rejected C.R.M. (NDPS) 1474 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NCB Crime No.14/NCB/KOL/2023, dated April 11, 2023 corresponding to NDPS case no. 14 of 2023 under Sections 8(c) read with 21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Md. Nizam Uddin @ Guddu ... Petitioner.

Mr. Ayan Bhattachaerjee, Sr. Adv., Mr. Prithiraj Das, Mr. Abishek Purohit, Ms. Itisha Mukherjee ... For the Petitioner.

Mr. Anirban Mitra, Sr. Adv., Mr. Sagar Saha ... For the NCB Learned senior advocate appearing on behalf the petitioner submits that the petitioner is in custody for 02 (two) years and 08 (eight) months and 06 (six) prosecution witnesses have been examined out of the proposed 10 (ten) witnesses. Petitioner prays for bail on any stringent conditions because of the long incarceration being suffered by him.

Learned advocate appearing for the NCB submits that the cross-examination of P.W.-7 is in progress and the NCB intends to examine two more witnesses who are from the department. It is also pointed out that the subject matter of the present case relate to 15628 bottles of Phensedyl having

been recovered along with huge quantity of SpasmoProxyvon Plus capsules. The evidence of the case has already been laid by the prosecution and the two officers of the department are left to be examined.

As such at this belated stage, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM (NDPS) 1474 of 2025, is, thus, dismissed.

However, it is categorically stated that the prosecution would conclude their evidence within 04 (four) months from the next date fixed before the Trial Court. No unnecessary adjournment be granted to any of the parties and the trial of the case would continue in spite of any resolution of the local Bar.

Report submitted be kept with the record.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)