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2025 DAILYLAW 52784 (CAL)

MAJIDUL MIYA @ MAJIDUL MIA v. THE STATE OF WEST BENGAL

CRM(NDPS)/218/2025 · 2025-06-10

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.06.2025 IN THE HIGH COURT AT CALCUTTA Item No.41 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc. Rejected C.R.M. (NDPS) 218 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Alipurduar Police Station Case No. 314 of 2024 dated 16.07.2024 under Sections 21(c)/27/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Majidul Miya @ Majidul Mia ... Petitioner. Mr. Sudhindra Das ... For the Petitioner. Mr. Nilay Chakraborty, APP, Mr. Sourav Ganguly ... For the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 329 days and there has been no progress in the case. Further it has been emphasized that the petitioner is suffering from serious medical ailments and as such, he should be released on bail. Learned advocate appearing for the State draws the attention of the Court to the recoveries effected which includes 180 files of Dicyelomine hydrochloride, Tramadol hydrochloride, Acetaminophen capsules of Pyeevon Spas plus as also 10080 capsules of Pyeevon Spas plus. It has also been submitted that FSL report has been submitted along with the charge-sheet. 2 Having considered the quantity of contraband so seized, I am of the view that the petitioner has not been able to overcome the rigors of Section 37 of the NDPS Act. Accordingly, the prayer for bail of the petitioner is rejected. However, since the petitioner has canvassed regarding the issues relating to medical ailments which are serious in nature, if any application is taken out before the learned Special Judge, the learned Special Judge will call for a report from the jail authorities and accordingly direct for necessary treatment, if required. The application for bail, being CRM (NDPS) 218 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.)