Anichur Rahaman Mridha @ Anisur Rahaman Midya v. State Of West Bengal

26.

24.02.2025.

Court No.26 (Pritam) (Rejected)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1798 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 Panskura Police Station Case No.37/2024 dated 11.01.2024 under Sections 20(b)(ii)(C)/25/28/29 of the Narcotic Drugs & Psychotropic Substances Act, 1985.

And In the matter of: - Anichur Rahaman Mridha @ Anisur Rahaman Midya.

...petitioner.

Mr. Niladri Sekhar Ghosh, Ms. Sompurna Chatterjee, Ms. Labani Sikder, Mr. Souvik Dey ...for the petitioner.

Mr. Joydeep Roy, Mr. Dattatreya Dutta ...for the State.

1. Report as called for by the co-ordinate bench filed in court today be taken on record.

2. Prayer for bail is on the ground of medical condition of the wife of the petitioner. Co-ordinate bench required State to submit a report as to whether there exist any other family members who can take care of the wife of the petitioner.

3. Report submitted in court discloses that there are number of relatives who are competent to take care of the wife of the petitioner as to her medical condition.

4. Commercial quantity of narcotics was recovered from the joint possession of the petitioner.

5. Trial is in progress.

6. Out of 12 prosecution witnesses, only 1 was examined.

7. Materials on record do not make it desirable to enlarge the petitioner on bail. 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) 1798 of 2024 is disposed of.

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