← Library
Calcutta High CourtCRM (NDPS)/1702/2025dismissed

Sahidul Sekh v. The State Of West Bengal

2026-03-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.03.2026

IN THE HIGH COURT AT CALCUTTA

Item No.26 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1702 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Chapra Police Station Case No. 1258 of 2024 dated 13.12.2024 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Sahidul Sekh ... Petitioner.

Mrs. Karabi Roy ... For the Petitioner.

Ms. Sonali Das, Ms. Sima Biswas ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 15 months and the accusations against the petitioner are for alleged recovery of 108.9 kgs. of ganja. It has been submitted that seven witnesses have been examined and out of seven witnesses, one witness happens to be a seizure list witness who did not support the prosecution case.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there has been videography and in addition to that there are two other witnesses being CSW-2 and CSW-7 who were seizure list witnesses. The prosecution in this case did not delay the trial. There is every possibility of the trial being concluded at the earliest.

Records reflect that on 13.02.2026 warrant of arrest has been issued against CSW-7. Prosecution would ensure regarding the evidence of CSW-2 and CSW-7 be completed on the next date so fixed. Having considered the quantum of seizure as also the pace with which the evidence in the present case is progressing, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected.

The application for bail, being CRM (NDPS) 1702 of 2025, is, thus, dismissed.

All concerned parties shall act on the server copy of this order duly 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.)