Calcutta High Court (Appellete Side)
Md. Azam Quresi vs Unknown on 8 April, 2025
08.04.2025
Item no. 26
Ct. No. 29
BD.
C.R.M. (NDPS) 318 of 2025
In Re:- An application for bail under Section 439 of the
Code of Criminal Procedure, 1973 and/or an application
under section 483 of the Bharatiya Nagarik Suraksha
Sanhita, 2023 in connection with NCB Crime No.
03/NCB/KOL/2023 dated 06.07.2023 corresponding to
T.R. Case No. 01 of 2023 under section
8(C)/20(b)(ii)(C)/29/35/54 of the N.D.P.S. Act.
In the matter of : Md. Azam Quresi
…. Petitioner.
Mr. Sk. Toslim Ali
Ms. Rituparna Bhadra
…for the Petitioner.
Mr. Kallol Mondal
Mr. Somnath Adhikari.
…for the NCB.
Petitioner submits that he has approached before
this Court for the first time and he is in custody for
about two years and four months. He further submits
that on January, 27, 2025, learned Court below fixed six
dates between February 5, and February 12, 2025, for
recording the evidence but the report shows that no
further progress regarding recording of evidence has
taken place since then. The report also does not speak
that the delay can be attributable to the petitioner by any
means. Petitioner further submits that this Court by an
order dated 26th February, 2025 had granted bail to
another accused namely, Sk. Rajesh, considering the
period of detention, inspite of the fact that allegedly
commercial quantity of narcotic substance having
recovered from the said accused person and bail was
2
granted, only on the touchstone of Article 21 of the
Constitution of India. He further submits that the other
accused person in this case namely Santosh Sahoo @
Santosh Saho, who is also on the same footing moved
bail application before the Hon’ble Supreme Court and
the Hon’ble Supreme Court also granted bail to the said
co-accused person observing that a case of bail is made
out for the petitioner.
Learned counsel appearing on behalf of the NCB
raised objection contending that nothing was recovered
from the possession of those persons who are on bail and
within few more months the trial will get concluded and
as such he opposed the bail prayer. He further submits
that while the bail prayer of the said two accused
persons were moved, NCB could not produce the case
diary before the Court.
I have considered the submissions made by both
the parties. On perusal of the order dated 26th February,
2025 passed by this Court in connection with co-accused
Sk. Rajesh, it appears that Court observed that though
the case involves seizure of commercial quantity of Ganja
but considering the period of detention and on the
touchstone of Article 21 of the Constitution of India the
petitioner was enlarged on bail.
3
In the facts and circumstances of the case and also
from the report submitted by the NCB, it appears that
there is hardly any chance of early conclusion of trial
and that the present petitioner is almost on the same
footing with that of petitioner of CRM (NDPS) 175 of
2025, so far as issue of infringement of his fundamental
right guaranteed Article 21 of the Constitution of India is
concerned.
In such view of the matter, I am constrained to
enlarge the petitioner on bail. Accordingly, the petitioner
namely, Md. Azam Quresi, shall find bail of Rs.
20,000/- with two registered sureties of Rs. 10,000/-
each of which one must be local, subject to the
satisfaction of learned Chief Judicial Magistrate, Howrah.
It is further ordered that the accused shall not
mis-use the liberty granted by this Court and he shall
not tamper with any evidence orally or documentary
during the trial. He shall not absent himself on any day
during trial and shall not commit any offence while on
bail. He shall give his mobile phone number to the local
police station and shall not change it without prior
permission of the trial court and he shall not in any
manner try to delay the trial.
4
Be it mentioned, that anything said herein shall
not be construed as an expression of opinion on the
merits of the case by this Court.
This application for bail being CRM (NDPS) 318 of
2025 is, thus, allowed.
Urgent photostat certified copy of this order, duly
applied for, be given to the parties upon compliance of all
requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)
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