31.07.2026 Item No.12 Court No.9 CHC (Rejected) Calcutta High Court In the Circuit Bench at Jalpaiguri Appellate Side C.R.M. (NDPS) 413 of 2026 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with NCB Siliguri Crime No.05/NCB/Slg/2024 dated 01/07/2024 under Section 8(C) to be read with 22(C) of the Narcotic Drugs and Psychotropic Substances Act. And In the matter of : Salam Miya @ Miah ...… petitioner Mr. Sandip Guha Roy, Advocate ...for the petitioner Mr. Sidipto Kr Mazumdar, Ld. D.S.G.I Mr. Sudip Kr. Paul, Advocate …for the NCB 1. Prayer for bail of the petitioner is taken up for consideration. 2. It is submitted by the learned advocate for the petitioner that the petitioner has been in custody for more than 760 days. The investigation of the case has already concluded in a chargesheet. Charges stood framed. Learned advocate for the petitioner submits that charge was framed on February 13, 2025. Since then one witness has been examined in part. He prays for bail on the ground of long incarceration. To such proposition learned advocate for the petitioner relies upon an order passed by the Hon’ble Supreme Court on May 5, 2026 in Special Leave 2 to Appeal (Crl,) No.4729/2026 (Rajadurai versus The State of Tamil Nadu). 3. Learned advocate for the petitioner points out that as per the prosecution, videography of search and seizure procedure could not be clearly recorded due to rain. On such reason, it is submitted that the petitioner is entitled to bail. To such proposition learned for the petitioner relies upon an order passed on April 23, 2025 in (CRM (NDPS) 140 of 2025 (In the matter of: UTPAL DEY). 4. On the other hand, learned Senior Advocate appearing for the Union of India submits that the petitioner was apprehended with commercial quantity of contraband. Search and seizure was made strictly complying with the provisions of Section 50 of the NDPS Act. Learned advocate for the NCB also submits that the investigation of the case has concluded, charges stood framed. One witness has been examined and P.W.2 has also been examined in part. 5. Learned DSGI also submits the prior to filing of the instant application, the petitioner approached this Court for bail twice. Learned DSGI submits that the trial of the case is progressing, as such the petitioner should not be released on bail at this stage. 6. Having considered the submissions made on behalf of the parties and on perusal of materials, it appears that the petitioner was apprehended and was found in possession 3 of commercial quantity of narcotic substances. The investigation of the case has ended in a chargesheet. Charges stood framed on February 13, 2025. Thereafter, one prosecution witness has been examined in full and discharged and P.W.2 has been partly examined. 7. In RAJADURAI (supra), the petitioner therein was granted bail by the Hon’ble Supreme Court in consideration that the petitioner was in custody for over a year and in spite of charges framed, no witness was examined on behalf of the prosecution. 8. In UTPAL DEY (supra), a coordinate Bench of this Court noted the guidelines laid down in CRM (NDPS) 492 of 2022 with CRM (NDPS) 493 of 2022 dated 22.06.2022 in Kalu Sk. @ Kuran & Kabir Sk. Vs. The State of West Bengal, and granted bail to the petitioner for violation of such guidelines. 9. In the case at hand, however, as per the report of the prosecution vidoegraphy of search and seizure process was done but it was alleged that the videography could not be clearly recorded. This cannot be considered as violation of guidelines laid down in CRM (NDPS) 492 of 2022. 10. Moreover, as transpires from the materials on record, one prosecution witness has already been examined in full and other is in the dock. Charges were framed on February 13, 2025. 4 11. In such circumstances, I am not in a position to return a finding that the trial of the case is not proceeding and that and that the petitioner has been able to overcome the restrictions under Section 37 of the N.D.P.S. Act, 1985. 12. Consequently, the prayer for bail of the petitioner is rejected. 13. CRM(NDPS) 413 of 2026 is dismissed. (Md. Shabbar Rashidi, J.)