Calcutta High Court (Appellete Side)
Rafiq Naskar vs Unknown on 11 March, 2025
44
11-03-2025 CRM (NDPS) 250 of 2025
(ct. no.29)
S. De
(Allowed)
In re: An application for bail under Section 439 of the Code of
Criminal Procedure corresponding to Section 483 of the
Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with
Waltgunje Excise Circle SI's SL No. 69 of 2021 dated
30.11.2021 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs
& Phychotropic Substances Act 1985.
-And-
In the matter of : Rafiq Naskar. .... Petitioner.
Mr. Joy Chakraborty,
Mr. Sandip Dinda, ... For the Petitioner.
Mr. Anand Kesari
Mr. A. Paul, ... For the State.
Order dictated by Arijit Banerjee, J.
1. The petitioner claims parity citing an order dated March 6, 2025,
passed by a Co-ordinate Bench in CRM (NDPS) 248 of 2025,
whereby a co-accused person by the name of Gobinda Chandra
Katual was enlarged on bail primarily on the touchstone of
Article 21 of the Constitution of India. That person was in
custody for 3 years and 3 months. Only 1 out of 12 chargesheet
named witnesses had been examined, that too, in part. This
petitioner says that he stands on the same footing. He is in
custody for about 2 years and 8 months. There is no progress in
the trial.
2. Learned State counsel, while opposing the bail prayer, in his
usual fairness, does not dispute that this petitioner is similarly
circumstanced as Gobinda Chandra Katual in so far as the delay
in progress of trial and the period of detention is concerned.
3. Hence, on the ground of parity, we allow the petitioner’s prayer
for bail.
4. Accordingly, we direct that the petitioner, namely, Rafiq Naskar
shall be released on bail upon furnishing a bond of Rs. 25,000/
2
with two sureties of Rs.12,500/- each, one of whom must be
local, to the satisfaction of the Learned Judge, Special Court
(under the NDPS Act), Alipore, South 24-Parganas, subject to
the condition that the petitioner shall appear before the trial
Court on each and every date of substantive hearing subject to
the provisions of Section 317 of the Code of Criminal Procedure,
1973/Section 355 of Braratiya Nagarik Suraksha Sanhita,
2023, and shall not intimidate the witnesses and/or tamper
with evidence in any manner whatsoever and on further
condition that the petitioner, while on bail, shall not leave the
territorial jurisdiction of Watgunge Police Station, except for the
purpose of attending Court proceedings and shall furnish his
present address to the Inspector in Charge of the said Police
Station as well as the learned Trial Court and shall also meet
the Inspector-in-Charge of the said Police Station once in a
week, until further orders.
5. In the event the petitioner fails to adhere to any of the conditions
stipulated above without justifiable cause, the trial court shall
be at liberty to cancel the petitioner’s bail in accordance with
law without further reference to this court.
6. The application for bail is, accordingly, allowed.
7. All parties shall act in terms of server copy of the order
downloaded from the official website of this Court.
(Om Narayan Rai, J.) (Arijit Banerjee, J.)
