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Calcutta High CourtCRM (NDPS)/706/2026disposed

Paltu Sk @ Paltu Sekh v. State Of West Bengal

2026-04-21Hon'Ble Justice Tirthankar Ghosh2 pages

D/L37 21.04.2026 C.R.M. (NDPS)706 of 2026 Bpg.

In Re: An application for Bail under Section 439 of the Code of Criminal Procedure read with Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Jalangi Police Station Case No.353 of 2025 dated 07.07.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Paltu Sk. @ Paltu Sekh

Versus

The State of West Bengal Mr. Jisan Iqubal Hossain.

...for the petitioner.

Mr. Bibaswan Bhattacharyya Mr. Subhasish Datta.

...for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 29 days and there has been no recovery from him, as such, he may be released on bail. Petitioner further submits that the principal accused from whom the recovery has been made is 46 bottles of choco cough syrup has already been granted bail.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that there are telephonic communications at the relevant point of time when the seizure was effected, between the present petitioner and the principal accused, as such petitioner cannot be termed as innocent. Further, the petitioner was absconding for a considerable period of time and

when proclamation and attachment was issued at that relevant time petitioner surrendered before the jurisdictional special court. Having considered the factual ground of the case and the time for which the petitioner is in custody taking into account the period for which the petitioner fled away, I am of the opinion that at this stage it will not be fit and proper to release the petitioner on bail. However the learned trial court would release the petitioner on bail after the stage of consideration of charges are over.

With the aforesaid observations, CRM(NDPS) 706 of 2026 is disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)