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2026 DAILYLAW 31569 (CAL)

MOGLESUR SEIKH @ MOKHLESUR SK. v. STATE OF WEST BENGAL

CRM (NDPS)/788/2026 · 2026-07-28

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.07.2026 Court No.35. D/L.1280. Rakib (Rejected) CRM (NDPS) 788 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 Baruipur Police Station case no. 249 of 2025 dated 04.02.2025 under Sections 21(c)/25/27A/29 of the NDPS Act. And In the matter of : Moglesur Seikh @ Mokhlesur Sk. ……Petitioner. Mr. Sekhar Kumar Basu, Sr. Adv, Mr. Soubhik Mitter Ms. Rajnandini Das Mr. Karan Bapuli .....for the Petitioner. Mr. Krishnendu Bhattacharya, Ld. APP Ms. Rima Banerjee ……for the State. Learned senior advocate appearing for the petitioner submits that petitioner is renewing his prayer for bail as he is in custody for about one year six months and till date only two witnesses have been examined out of the 12 witnesses cited by the prosecution. Learned advocate appearing for the State submits that some time be granted to the prosecution to complete the witnesses as the quantum of heroin of 909 grams have been recovered in the present case is much above the commercial quantity. Having regard to the overall circumstances, I am of the opinion that State is granted six months more time from the next date fixed before the trial court, to complete the rest of the witnesses they intend to rely upon. 2 If in spite of cooperation extended by the accused the learned trial Court for reasons beyond control is unable to complete the evidences, in that case the learned trial Court would release the petitioner after the aforesaid time period is over on bail on such terms and conditions as it deems fit and proper. It is further directed that the trial of the case would continue in spite of any resolution of the local bar and no unnecessary adjournment be granted to any of the parties. At this stage, the prayer for bail of the petitioner is rejected but the learned trial Court would adhere to the directions passed above. Consequently, CRM (NDPS) 788 of 2026 is dismissed. 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.)