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Calcutta High CourtCRM (NDPS)/2002/2024dismissed as rejected

Md Sanaul Hoque @ Ashraful @ Sanaul Hoque v. The State Of West Bengal

2025-02-25Hon'Ble Justice Debangsu Basak,Hon'Ble Justice Md. Shabbar Rashidi2 pages

25.02.2025 DL-57 Court No.26 CRM (NDPS) 2002 of 2024 (Bail Rejected) (AD) 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 English Bazar Police Station Case No.1333 of 2022 dated 25.08.2022 under Sections 21(C)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14(A) of the Foreigners Act. (NDPS Case No.151/2022) -AndIn the matter of : Md Sanaul Hoque @ Ashraful @ Sanaul Hoque ... ...Petitioner Mr. Amitabha Karmakar, Advocate Mr. Arup Kumar Bhowmick, Advocate ... ... For the Petitioner Mr. Debasish Roy, Ld. PP Mr. Arijit Ganguly, Advocate Mr. Koushik Kundu, Advocate ... ...For the State 1.

Claim for parity with the other co-accuseds who were enlarged on bail by the Coordinate Bench cannot be extended to the petitioner since the petitioner is a Bangladeshi national. Possibility of absconsion looms large if the petitioner is enlarged on bail.

2.

Out of 11 charge sheeted witnesses, 10 stands examined with the Investigating Officer remaining to be examined in full. 3.

Given the stage of the trial and the nationality of the petitioner and the risk of absconsion, we are not inclined to grant bail to the petitioner.

4.

Accordingly, the prayer for bail of the petitioner is rejected. 5.

CRM (NDPS) 2002 of 2024 is dismissed.

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