Calcutta High Court (Appellete Side)
Nur Salim Sk vs Unknown on 6 March, 2025
26.
06-03-2025
(ct. no.29)
debajyoti
(rejected)
CRM (NDPS) 163 of 2025
In re: An application for bail under Section 439 of the Code
of Criminal Procedure/483 of the Bhartiya Nagarik
Suraksha Sanhita in connection with Kaliganj Police
Station Case No.37 of 2020 dated 21-01-2020 under
Sections 27(b)(ii)/27(C)/28 of the Drug & Cosmetics
Act and under Section 21(C) of the Narcotic Drugs and
Psychotropic Substances Act.
-And-
In the matter of : Nur Salim Sk
.... Petitioner.
Mr. Arnab Chatterjee,
Ms. Dhanasree Biswas,
Ms. Poulami Bose
... For the Petitioner.
Mr. Joydeep Biswas,
Ms. Nahid Ahmed
... For the State.
Dictated by Arijit Banerjee, J.
1. The petitioner says that he is in custody for nine
months. Only 3 out of 16 charge sheet named witnesses have
been examined. Initially, the case was started under the
Drugs and Cosmetics Act. Thereafter, the provisions of NDPS
Act have been pressed into service. Chemical reports do not
confirm presence of narcotics in the goods seized from the
petitioner’s shop. He prays for bail.
2. Learned advocate further says that three
independent witnesses examined so far have all turned
hostile. We have noted the submission. It is settled law that
even without the aid of independent witnesses, the
prosecution can secure conviction if the evidence of other
witnesses including police witnesses is convincing enough.
3. Learned State advocate points out that this is a case
of 2020. After absconding for four years, the petitioner
2
surrendered in August, 2024 after proclamation was issued
against him. 3 out of 16 witnesses have already been
examined. The opinion of experts confirms that the goods
seized from the petitioner’s shop contain psychotropic
substances which would come within the purview of NDPS
Act. Next dates fixed are April 23-25, 2025. In view of
commercial quantity of psychotropic substances being
involved, the bail prayer ought not to be allowed.
4. We see that it cannot be said that there is no
progress in the trial at all. 3 witnesses have already been
examined. There are 16 witnesses named in the charge sheet.
In view of commercial quantity of narcotics/psychotropic
substances being involved and noting that the petitioner
absconded for a long period of time, we are not inclined to
entertain the petitioner’s prayer for bail, at this stage.
5. The application for bail is, thus, dismissed.
6. All parties shall act on the server copies of this order
duly downloaded from the official website of this Court.
7. Criminal Section is directed to supply certified copies
of this order to the parties, if applied for, upon compliance of
all necessary formalities.
(Prasenjit Biswas, J.) (Arijit Banerjee, J.)
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