Saheb Sardar And ANR. v. State Of West Bengal

02.12.2025 Serial no. 26 [G.S.D] CRM (NDPS) 1543 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. 35/2023 arising out of Kulpi Police Station case no. 466 of 2023 dated 29.09.2023 u/s 20(b)(ii)(c)/29 of the NDPS Act.

-AndIn the matter of : Saheb Sardar & Anr.

... ... Petitioner(s) Mr. Angshuman Chakraborty Mr. S. S. Saha ... for the Petitioner(s) Mr. Bibaswan Bhattacharya Ms. Diksha Ghosh ... for the State-respondent(s) Learned advocate appearing for the petitioners is aggrieved by the fact that inspite of the earlier directions, trial till date has not been concluded and the petitioners are in custody for two years and two months.

Learned advocate for the State opposes the prayer for bail and submits that the subject-matter of recovery in the present case is 103 kg of ganja.

Having considered the quantum seized, I am of the opinion that Section 37 of the NDPS Act is attracted. Hence, the prayer for bail of the petitioners is Rejected.

As only eight witnesses have been examined out of the twenty two witnesses proposed to be examined by the prosecution, I direct the State that at least six more

witnesses be completed by the prosecution within a period of six months from the next date so fixed by the learned trial court. The learned trial court would adhere to the schedule. In case the same is not concluded, the petitioners would be at liberty to renew their prayer for bail before this court.

Accordingly, CRM (NDPS) of 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.)