02.02.2026 Item no. 61. Court No.35. AB (Rejected) CRM (NDPS) 27 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 Rabindranagar P. S. Case No. 355/24 Dated 15.07.2024 under Section 21(c) of the NDPS Act And In the matter of : Asmat Ali @ Radhe @ Sk. Asmat Ali @ Radha ……Petitioner. Mr. Anshuman Chakraborty Mr. S. S. Saha Mr. Aniruddha Das Ms. Priyanka Gayen ……for the Petitioner. Mr. Joydeep Biswas, Ms. Suparna Chatterjee ……for the State. 1. The petitioner is in custody for a period of one year eight months. Learned Advocate submits that petitioner is better placed than the other accused person, who has been granted bail in CRM (NDPS) 276 of 2025. 2. It has been contended that while from the present petitioner, 6.3 kilograms of codeine phosphate were recovered, from the other accused 13.8 kilograms of codeine phosphate were recovered. 3. Learned Advocate for the State has produced the original case diary. I have taken into account the circumstances particularly the fact that petitioner was initially arrested with 6.3 kilograms of codeine 2 phosphate on the basis of information received. So far seizure list of this case is concerned, there was no lapse on the part of the Investigating Agency. However, although larger amount of contraband was recovered, but the same was on the basis of a leading statement which led to recovery. 4. Prima facie, I am of the view that the witness action has commenced. Petitioner is advised to approach this Court after the evidence of seizure list witnesses is over. Learned Trial Court is directed to prioritize examination of the seizure list witnesses so far this petitioner is concerned. 5. At this stage, prayer for bail of the petitioner is rejected. 6. Efforts be taken by the learned Trial Court to complete the evidence of the seizure list witnesses preferably within 60 days from the date of communication of this order. 7. Accordingly, at this stage, CRM (NDPS) 27 of 2026 is dismissed. 8. Case Diary be returned to the learned advocate appearing for the State. (Tirthankar Ghosh, J.) 3