Abul Kalam Azad @ Boltu v. State Of West Bengal

04.12.2025 Court No.35.

D/L. 19.

Kausik (allowed) CRM (NDPS) 1556 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Berhampore Police Station Case No. 738 of 2025 dated 10th April, 2025 under section 21(C)/29 of the NDPS Act, 1985;

And In the matter of : Abul Kalam Azad @ Boltu ......Petitioner.

Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh ......for the Petitioner.

Mr. Iqbal Kabir Mr. Aritra Bhattacharya ......for the State.

Learned advocate appearing for the petitioner submits that from the possession of the petitioner and another, 475 bottles of Phensedyl were recovered. Petitioner is in custody for 7 months 25 days. The prosecution would examine 11 witnesses, as such according to the petitioner, there is no possibility of the trial concluding very soon and thus he may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that two other accused persons are absconding against whom warrant of arrest is issued. Learned Special Court is directed to exhaust the process of law, split up the trial and overcome the stage of

consideration of charges in respect of the accused persons who are in custody.

Efforts be taken so that the said process be completed by 15.02.2026. After the stage of consideration of charges are over, the present petitioner may be released on bail by the learned Special Court on such terms and conditions as the learned Special Court deems fit and proper to ensure the appearance of the accused petitioner on each and every date of the trial.

Accordingly, CRM (NDPS) 1556 of 2025 is disposed of. All parties shall act in terms of server copy of the order 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.)