Sahidul Islam v. The State Of West Bengal

23.

24.02.2025.

Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1757 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of English Bazar Police Station Case No.106/2023 dated 20.01.2023 under Sections 22(b)/21(c)/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

And In the matter of: - Sahidul Islam.

...petitioner.

Mr. Tapodip Gupta ...for the petitioner.

Mr. Akash Ganguly ...for the State.

1. Petitioner prays for bail on the ground of parity.

2. Petitioner is in custody for 2 (two) years and 1 (one) month.

3. Trial is in progress.

4. State seeks to examine seven witnesses. Out of seven prosecution witnesses, only one prosecution witness was examined.

5. Commercial quantity of narcotics was recovered from the possession of the petitioner.

6. Trial is in progress.

7. Materials on record do not make it desirable to enlarge the petitioner on bail, at this stage. Petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

8. Consequently, we are not inclined to grant bail to the petitioner.

9. The prayer for bail is, thus, rejected.

10.

CRM (NDPS) 1757 of 2024 is disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)