Calcutta High CourtCRM (NDPS)/110/2026allowed

Sk. Kutubuddin And ANR. v. State Of West Bengal

2026-01-21Hon'Ble Justice Tirthankar Ghosh2 pages

21.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.7 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 110 of 2026 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, filed in connection with Margram Police Station Case No. 129 of 2025 dated 18.05.2025 under Sections 21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Sk. Kutubuddin and another ... Petitioners.

Mr. Himanshu De, Sr. Adv., Mr. Navanil De, Mr. Srinjan Ghosh ... For the Petitioners.

Mr. Ranadeb Sengupta, Mr. Asif Dewan ... For the State.

Learned senior advocate appearing for the petitioners submits that petitioners have been detained for alleged recovery of 5.504 kg. and 5.410 kg. of Codeine Mixture from the joint possession of the petitioners and they are in custody for about eight months. Additionally it has been submitted that as the charges have been framed, further detention of the petitioners are unwarranted. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that there are five criminal cases against the petitioner no.2. I have taken into account the nature of the cases which were related to Indian Penal Code offences. Having considered the period of detention of the present petitioners

and the stage of the case, I am of the view that further detention of the petitioners are unwarranted. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners viz., 1. Sk. Kutubuddin and

2. Sk. Hasibuddin shall be released on bail upon furnishing bond of Rs.20,000/- each, 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, Suri, Birbhum. If on bail, the petitioners 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 Birbhum without prior permission of the learned Special Court. The application for bail, being CRM (NDPS) 110 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.)