Sukur Ali v. State Of West Bengal

08.04.2026 Serial no. 308 [G.S.D] CRM (NDPS) 552 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 91 of 2024 arising out of Baishnabnagar PS Case No. 1190 of 2024 dated 29.10.2024 u/s 21(c)/27A/29 of the NDPS Act.

-AndIn the matter of : Sukur Ali ... ... Petitioner(s) Md. Wasim Akram ... for the Petitioner(s) Mr. Bitasok Banerjee Mr. Debanik Das ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been implicated on the alleged recovery of 516 gm of brown sugar and is in custody for one year five months. It has been further contended that charge-sheet has been submitted.

The attention of this court has been drawn to the chemical examiner's report which speaks that there are three contraband substances being morphine, codeine and thebaine but the same have not been quantified by the investigating agency or, for that purpose, the prosecution. Learned advocate for the State, on the other hand, opposes the prayer for bail.

Having considered the proposition as laid down by the Hon'ble Apex Court in Sentu Seikh v. State of West Bengal

[SLP (Crl.) No. 13987 of 2025] and the period of detention of the present petitioner, without entering into the merits of the case, I am inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Sukur Ali shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Judge, Special Court, 4th Court, Malda under NDPS Act.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of Malda without prior intimation to the learned Special court. Accordingly, CRM (NDPS) 552 of 2026 is allowed. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)