Arshi Siddiqi @ Arshi Siddique @ Arshi Sideiqui v. The State Of West Bengal

25.02.2025 Serial no. 41 [Dd] (Bail Rejected) CRM (NDPS) 1829 of 2024 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Howrah GRPS Case No. 98 of 2023 dated 30.08.2023 under Sections 21(b)/29 of the NDPS Act, 1985.

-AndIn the matter of : Arshi Siddiqi @ Arshi Siddique @ Arshi Sideiqui ... ...Petitioner Mr. Pawan Kr. Gupta, Ms. Sofia Nesar, Mr. Santanu Sett, Mr. Abhijit Bose, Mr. S. S. Ckaky, Advocates ... ... For the Petitioner Mr. Joydeep Biswas, Ms. Rajanndini Das, Advocates ... ...For the State

1. Petitioner is in custody for 1 year and 4 months.

2. Two co-accuseds are on bail.

3. Learned advocate appearing for the State submits that, the orders granting bail to the co-accuseds are under challenge before the Hon'ble Supreme Court. She submits that, charges stand framed as against the petitioner. Prosecution seeks to examine 33 witnesses presently which may be brought down given the progress at the trial.

4. Learned advocate appearing for the State also submits that, commercial quantity of contraband was seized from the joint possession of the petitioner.

5. Commercial quantity of contraband was seized from the joint possession of the petitioner.

6. Petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

7. So far as the plea of Article 21 of the Constitution of India is concerned, we are not impressed by such contention since, considering the period of detention and the fact that the charges stand framed and the evidence of the prosecution will be recorded thereafter.

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

9. Prayer for bail of the petitioner is rejected.

10. CRM (NDPS) 1829 of 2024 is dismissed.

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