30.07.2026 Serial no. 13 BP Court No.9 IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 407 of 2026 In re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with CR (NDPS) Case No. 34/2025 arising out Siliguri Police Station Case No. 129/2025 dated 28.02.2025 under Sections 21(c )/22 (c )/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. -And- In the matter of : Md. Oli Sekh @ Sk. … … Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das …for the petitioner Mr. Avrojyoti Das, Ld. APP Mr. Gobinda Ghosh Mr. Supratim Nag … …For the State 1. The bail prayer of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that chargesheet has already been submitted. However, charges are yet to be framed since the co-accused has been absconding. Petitioner is in custody since February 28, 2025, 3. On the ground of long incarceration, petitioner prays for bail. Learned advocate for the petitioner relies upon an order passed on May 13, 2024 in CRM (NDPS) 200 of 2 2024 (Kamona Sarkar) where, the petitioner therein was enlarged on bail on the ground of prolonged incarceration. 4. Learned advocate appearing for the State submits that huge quantity of brown sugar i.e. 1 Kg. 45 grams was recovered from the conscious possession of the present petitioner. Learned advocate for the State also submits that the petitioner has made several bail applications within a span of last five months. There are no change in the circumstances warranting bail. He refers to the various materials in the case diary and opposes the prayer for bail. 5. As evident, it transpires that the present petitioner was found in possession of 1 Kg. 45 grams of brown sugar. The investigation of the case has ended in a chargesheet against the petitioner and others. However, charges are yet to be framed in the trial court as the co-accused is still absconding. In Kamona Sarkar (supra) bail was granted considering the delay in trial. 280 grams of brown sugar were recovered in the said case. However, in the present case, huge quantity of 1 Kg. 45 grams of brown sugar was recovered. Chagesheet in the case was filed on July 23, 2025. 6. Considering the aforesaid facts and circumstances of the case, I am not in a position to return a finding that the petitioner has been able to overcome the restrictions under Section 37 of the NDPS Act, 1985. 3 7. In such circumstances, the bail prayer of the petitioner stands rejected. 8. CRM (NDPS) 407 of 2026 is dismissed. (Md. Shabbar Rashidi, J.)