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2025 DAILYLAW 73765 (CAL)

HOSSAIN MIYA v. STATE OF WEST BENGAL

CRM (NDPS)/912/2025 · 2025-12-04

Tirthankar Ghosh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

04.12.2025 Sl. No. ML455 Court No. 35 REJECTED Asraf, A.R.(Ct.) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side Case No. CRM (NDPS) 912 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Haringhata Police Station case no. 143 of 2025 dated 09.03.2025 under Sections 20(B), 21(C) and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985. -AND- In the matter of : HOSSAIN MIYA ……Petitioner For the Petitioner : Mr. Manas Kumar Das Mr. Sumanta Das Mr. Aritra Kumar Thokdar …Advocates For the State : Mr. Koushik Kundu Ms. Eshita Dutta …Advocates 1. Learned advocate appearing for the petitioner submits that there was collision of two trucks and one of the trucks was in the name of the wife of the present petitioner. As such, he has been implicated in connection with the instant case and is in custody for the last 238 days. There is no possibility of the trial to be concluded in the near future. As such, he may be released on bail. 2. Learned advocate appearing for the State opposes the prayer for bail and submits that 122.5 KGs of Ganja was Page 2 seized from the conscious possession of the present petitioner and there are other persons who are absconding. 3. Having considered the fact that commercial quantity of contraband has been seized in this case, I am of the opinion that the rigors of Section 37 of the Narcotics Drugs and Psychotropic Substances Act, 1985 is attracted. 4. Consequently, the prayer for bail is rejected at this stage. 5. Accordingly, CRM(NDPS) 912 of 2025 is dismissed. 6. All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 7. Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities. ( Tirthankar Ghosh, J. )