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Calcutta High CourtCRM (NDPS)/832/2026allowed

Salam Sk @ Salam Sekh v. State Of West Bengal

2026-05-19Hon'Ble Justice Tirthankar Ghosh3 pages

19.05.2026 Court No.35.

D/L. 50.

Kausik (Allowed) CRM (NDPS) 832 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Palashipara Police Station Case No. 4/2025 dated 03.01.2025 under Sections 21(c) of the NDPS Act, 1985.

And In the matter of : Salam Sk @ Salam Sekh ......Petitioner.

Mr. Krishnendu Bhattacharya Mr. Satadru Lahiri Mr. Priyankar Ganguly Ms. Shalini Bairagi Mr. Amaan Deep Gupta Ms. Pipasa Chakraborty Ms. Sneha Ghosh ......for the Petitioner.

Mr. Sagar Saha ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year and 5 months and the subject matter of recovery in the present case relate to 398 Gms. of Brown Sugar.

According to the learned advocate, the Chemical Examiner's Report reflect independent contraband being Diacetylmorphine (Heroin), 6-Monoacetylmorphine, Acetylcodeine, Morphine and Codeine.

Mr. Sagar Saha, learned advocate who is empanelled with the Union of India is directed to represent the State. His appointment may be regularized by the concerned authorities. Learned advocate for the State opposes the prayer for bail and submits that evidence is at an advanced stage. I have taken into account the Chemical Examiner's Report and I find that each of the contraband are having separate identity in the schedule of the NDPS Act and their quantification is separately enumerated in the schedule. As such, relying upon the judgment of Hon'ble Supreme Court in Sentu Seikh vs. State of West Bengal (SLP (Crl.) No. 13987/2025), I am inclined to release the petitioner on bail in spite of the objection raised by the State.

Accordingly, Petitioner, namely, Salam Sk @ Salam Sekh, shall furnish 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 Learned Special Judge, Krishnanagar, Nadia. If on bail petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Nadia without the prior permission of the learned Special Court.

Additionally, the learned Special Court would be at liberty to impose conditions for ensuring further appearance of the accused/petitioner before the Trial Court. Thus, CRM (NDPS) 832 of 2026 is allowed.

All parties shall act in terms of server copy of the order 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.)