Md Batasu Sk v. State Of West Bengal

19.01.2026 Court No.35.

D/L. 20.

Rakib (rejected) CRM (NDPS) 19 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station case no. 722 of 2024 dated 23.05.2024 under Sections 21(C)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Md Batasu Sk ......Petitioner.

Mr. Sagar Saha Ms. Nayana Mukhopadhyay ......for the Petitioner.

Ms. Faria Hossain, Ld. APP Ms. Mousumi Sarkar ......for the State.

Learned advocate appearing for the petitioner submits that recovery was from an open space and petitioner was shown arrested in connection with the instant case. Petitioner is in custody since 10.02.2025.

Learned advocate for the State opposes the prayer for bail and submits that earlier the prayer for bail of the present petitioner was rejected after consideration of the contentions advanced and there has been recovery of 4800 bottles of phensedyl which is the subject matter of the case. The delay in the present case according to the prosecution is because of the other accused persons evading the process of law. It has been contended that the petitioner has prior antecedents also. Having considered the facts of the present case, I direct the learned trial Court to exhaust the process of law, split up

the trial of the case if required and proceed with the case of the present petitioner.

Petitioner would approach this Court after the evidence of seizure list witnesses are over.

At this stage, CRM (NDPS) 19 of 2026 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.)