Bapan Sk v. State Of West Bengal

08.12.2025 Court No.35.

D/L. 9.

Kausik (Rejected) CRM (NDPS) 1563 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 Domjur Police Station Case No. 547 of 2023 dated 03.08.2023 under section 20(b)(ii)(c) of the NDPS Act;

And In the matter of : Bapan Sk.

......Petitioner.

Mr. Ashok Das Ms. Ayana Dey Ms. Hasi Jana ......for the Petitioner.

Mr. Suman De Mr. Mirza Firoj Ahmed Begg ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 2 years and 4 months and there was recovery of 164 Kgs. of Ganja from the joint possession of petitioner and another. So far as the other accused person is concerned, he has already been granted bail and the petitioner's bail was earlier rejected on the ground that there were antecedents.

Learned advocate for the State opposes the prayer for bail and submits that out of the 8 witnesses proposed to be examined, 1 witness has already been examined and the examination of another witnesses is in progress.

The manner in which the trial is progressing is without any inertia on the part of the prosecution to proceed and progress with the case. The prosecution by this time must understand that when an accused is in custody there must be an urge in bringing the witnesses in Court and thereafter conclude evidence of those witnesses. For indefinite period, no individual can be kept behind the bars.

The DIG, Special, CID, West Bengal will monitor the investigation of the case and ensure the witnesses are present on the date fixed by the learned Special Court. Preference may be given to the seizure list witnesses.

Petitioner would be at liberty to approach this court after the examination of the seizure list witnesses are over. At this stage, CRM (NDPS) 1563 of 2025 is dismissed. 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.)