Md. Sammad Sk. @ Md. Samad Sk. @ Saddam v. State Of West Bengal

20.02.2026 Sl. No.48 NB CRM (A) 338 of 2026 In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Englishbazar PS Case No.1253/2025 dated 17.06.2025 under Sections 21(c)/29 of the NDPS Act.

And In the matter of: Md. Sammad Sk. @ Md. Samad Sk. @ Saddam ... petitioner Mr. Kazi M. Rahman.

...for the petitioner.

Mr. Ranadeb Sengupta, Ms. Ratna Ghosh.

..for the State.

Report filed on behalf of the State is taken on record. Learned counsel appearing on behalf of the petitioner submits that other than the statement of the co-accused, there is no incriminating material available against the present petitioner. Learned counsel appearing on behalf of the State relies on the reports, which are taken on record and submits that although there is no criminal antecedent, phone call record or money trial to implicate the petitioner, the petitioner has remained absconding since June, 2025 and there is already a proclamation issued and an order of attachment passed.

Considering the above and the other incriminating materials available in the case diary, the fact that proclamation and attachment has already been issued against the present petitioner who had been absconding and the restrictions contained in Section 37 of the NDPS Act, I do not consider this to be a fit case for granting anticipatory bail to the present petitioner.

The application for anticipatory bail of the petitioner is, thus, rejected.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)