Roki Sk @ Badsha v. State Of West Bengal

20.04.2026

IN THE HIGH COURT AT CALCUTTA

Item No.53 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 697 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Raghunathganj Police Station Case No. 254 of 2025 dated 28.02.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Roki Sk @ Badsha ... Petitioner.

Mr. Sayan Mukherjee, Mr. Anisur Rahman ... For the Petitioner.

Ms. Suveni Banerjee ... For the State.

Learned advocate appearing for the petitioner submits that the subject-matter of the case relates to alleged recovery of 580 grams of Heroin and the petitioner is in custody for 1 year 2 months; till date, five witnesses have already been examined out of 14 witnesses cited by the prosecution. Learned advocate for the petitioner emphasises on the seizure list witnesses.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail, draws the attention of the Court to the seizure list witnesses and submits that the Executive Magistrate was present in course of the seizure who has also been examined but the evidence is not before this Court.

I have taken into account the period of detention of the present petitioner as well as the chemical examiner's report.

The chemical examiner's report reflects that there are three contrabands reflecting in the sample viz. Codeine, Morphine and Thebaine. Having considered that no quantification in respect of such contrabands was done, petitioner is covered by the judgement of the Hon'ble Supreme Court in Sentu Seikh Vs. State of West Bengal arising out of SLP (Crl.) No. 13987/2025. Having regard to 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., Roki Sk @ Badsha 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 Judge, Special Court under the NDPS Act-cum-Additional Sessions Judge, 5th Court, Berhampore, Murshidabad.

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 Murshidabad without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 697 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.)