Kausar Ali v. State Of West Bengal

20.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.14 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 62 of 2026 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baishnabnagar Police Station Case No. 605 of 2025 dated 23.05.2025 under Sections 21(C)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Kausar Ali ... Petitioner.

Mr. Amitabha Karmakar, Mr. Arup Kumar Bhowmick ... For the Petitioner.

Mr. Anupam Das Adhikary, Mr. Pratick Bose ... For the State.

Learned advocate appearing for the petitioner submits that the subject-matter of the case relates to recovery of 180 bottles of phensedyl. The accusations are that recovery was made from the joint possession of the petitioner along with the said accused who has been granted bail. Petitioner is in custody for eight months. As such, the petitioner prays for bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail, but he is not in a position to distinguish the locus of the present petitioner with that of the other who has been granted bail in CRM(NDPS) 1654 of 2025.

Having considered the same, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Kausar Ali shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act-cum-Additional District Judge, 4th Court, Malda.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Paschim Medinipur without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 62 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)