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2026 DAILYLAW 29383 (CAL)

SK. JAKIR HUSEN v. STATE OF WEST BENGAL

CRM (NDPS)/1038/2026 · 2026-07-22

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22.07.2026 IN THE HIGH COURT AT CALCUTTA Item No.4 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Rejected C.R.M. (NDPS) 1038 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kharagpur Local Police Station Case No. 149 of 2025 dated 14.02.2025 under Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Sk. Jakir Husen ... Petitioner. Mr. Joy Chakraborty, Mr. Sandip Dinda ... For the Petitioner. Mr. Gouranga Kumar Das, APP, Mr. Saswata Chatterjee ... For the State. Learned advocate appearing for the petitioner submits that the subject-matter of the present case relates to alleged recovery of 34 kgs. of Ganja and petitioner is in custody for 1 year 5 months. It has been submitted that although charge has been framed, but till date none of the witnesses has been examined and prosecution has relied upon 16 witnesses in order to prove its case. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail. The ordersheets which have been placed reflect that neither all the accused persons were produced on the last three dates nor the witnesses were present. The prosecution would take steps for recording of evidence. Learned Trial Court will exhaust the process of law and preference may be given to examine the independent witnesses who witnessed 2 the seizure in the present case. At this stage, the prayer for bail of the petitioner is rejected. Petitioner will renew his prayer for bail after the evidence of seizure list witnesses is over. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. Mr. Gouranga Kumar Das, learned APP along with Mr. Saswata Chatterjee, learned advocate was directed to appear on behalf of the State. Their appointment may be regularised by the concerned authorities. The application for bail, being CRM (NDPS) 1038 of 2026, is, thus, disposed of. 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.)