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2026 DAILYLAW 27774 (CAL)

JASHIMUDDIN KHA AND ANR. v. STATE OF WEST BENGAL

CRM (NDPS)/913/2026 · 2026-07-10

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.07.2026 Court No.35. D/L.87. Rakib (Rejected) CRM (NDPS) 913 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 Panskura Police Station case no. 37 of 2024 dated 11.01.2024 under Sections 20(b)(ii)(C)/25/28/29 of the NDPS Act. And In the matter of : Jashimuddin Kha & Anr. ……Petitioners. Mr. Ali Ahsan Alamgir Ms. Soma Mal Ms. June Modak .....for the Petitioners. Mr. Rajendra Banerjee, Ld. APP Mr. Anurag Sardar ……for the State. Learned advocate appearing for the petitioners submit that the petitioner is in custody for about two years six months but till date only one witness has been examined (partly) out of 12 charge- sheeted witnesses. Mr. Rajendra Banerjee, learned Additional Public Prosecutor along with Mr. Anurag Sardar are appearing for the State. Their appointments may be regularized by the concerned authorities. Learned advocate appearing for the State opposes the prayer for bail. Although, learned advocate for the petitioners have drawn the attention of the Court to the earlier direction passed in CRM (NDPS) 1395 of 2025. 2 However, due to certain administrative reasons, the learned trial Court was not available. As such, a last opportunity is granted to the prosecution. Additionally, in case, after examination of the independent seizure list witnesses the learned trial Court finds that the prosecution case in respect of the seizure is diluted, in such circumstances the learned trial Court will leniently consider the prayer for bail of the present petitioners. Preferably the evidence of seizure list witnesses be completed within a period of three months from the next date fixed. Accordingly, the prayer for bail of the petitioners in CRM (NDPS) 913 of 2026 is dismissed at this stage with the aforesaid directions. 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.)