Calcutta High Court
CRM (NDPS)/1974/2026 of KAIFI HUSSAIN Vs STATE OF WEST BENGAL on 16 September 2026
16.09.2026 Rohit, A.R.(Ct.) ct.no.35 IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (NDPS) 1974 of 2026 Kaifi Hussain Vs The State of West Bengal In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection
D/L 60
16.09.2026
Rohit, A.R.(Ct.)
ct.no.35
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
APPELLATE SIDE
C.R.M (NDPS) 1974 of 2026
Kaifi Hussain
Vs
The State of West Bengal
In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with S.T. No. 30 of 2025 arising out of Kulti Police Station Case No. 53 of 2025 dated 31.01.2025, under Sections 20(b)(ii)(c)/25/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985
And
In the matter of : Kaifi Hussain
……Petitioner.
Mr. Sourav Chatterjee, Sr. Adv
Mr. Santanu Talukdar
Mr. Priyankar Ganguly
Mr. Amaandeep Dupta
Ms. Pipasa Chakraborty
…for the Petitioner
Mr. Krishnendu Bhattacharya, A.P.P
Ms. Tanusree Kar
…for the State
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1. Learned Advocate appearing for the petitioner emphasizes that unnecessarily petitioner is languishing in jail as the prosecution is lacking inertia to proceed with the trial of the case and this is in spite of the earlier direction passed by this Court in CRM (NDPS) 419 of 2026. It has been additionally submitted that on 11 occasions prosecution was unable to produce the witnesses. As such the petitioner being in custody for more than one year seven months did not serve any purpose relating to the criminal proceedings.
2. Learned Advocate appearing for the State has opposed the prayer for bail in view of quantum of seizure which is 230 kgs 625 gms of ganja.
3. I have taken into account the quantum. Quantum is definitely important. But at the same time with passage of time trial should progress. Earlier there was a specific direction on 27.03.2026 in CRM (NDPS) 419 of 2026 that the Special Court would prepone the date of examination of the evidence of the seizure witnesses. It has been informed that the first witness is being examined.
4. Having regard to the same I am of the further opinion that orders of this Court are being taken for granted. Considering the quantum of seizure in this case a last opportunity is granted to the prosecution to complete the seizure list witnesses within a period of four months after the evidence of the present witness is complete.
5. Learned Special Court would ensure that the first prosecution witness be completed at the earliest by fixing regular dates from the next date concerned.
6. With the aforesaid observations C.R.M (NDPS) 1974 of 2026 is dismissed at this stage.
7. Petitioner would renew the prayer for bail after the aforesaid time period is over.
8. Memo of evidence submitted be kept with the record.
9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Tirthankar Ghosh, J.)