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Calcutta High CourtCRM (NDPS)/1095/2026dismissed

Jahidul Islam v. State Of West Bengal

2026-06-29Hon'Ble Justice Tirthankar Ghosh2 pages

29.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.153 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Rejected C.R.M. (NDPS) 1095 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Lalgola Police Station Case No. 895 of 2025 dated 13.10.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Jahidul Islam ... Petitioner.

Mr. Sekhar Kumar Basu, Sr. Adv., Mr. Shiladitya Banerjee, Mr. Subhrajyoti Ghosh, Md. Reazul Haque ... For the Petitioner.

Mr. Rajendra Banerjee, APP, Mr. Sankalpa Bhattacharjee ... For the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for more than eight months and has been implicated on the basis of alleged recovery of 259 grams of Heroin. It has also been contended that petitioner's father was also implicated in the present case, but he was granted anticipatory bail by a co-ordinate Bench of this Hon'ble Court. Charge-sheet has already been submitted and the prosecution has relied upon 18 witnesses in support of its case. Till date, charges have not been framed and date has been fixed in the month of September, 2026.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that it is the present petitioner from whom alleged recovery has been

made. There are criminal antecedents of the present petitioner and the chemical examiner's report reflects only presence of 6-Monoacetylmorphine.

Having considered the quantum of seizure in the present case as also the previous antecedents of the present petitioner, I am not inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is rejected. However, considering the period of detention of the present petitioner, learned Special Court would overcome the stage of consideration of charges on the next date fixed or within a week thereafter and within a period of three months from the said date, give priority to examination of seizure list witnesses.

Petitioner will renew his prayer for bail after the evidence of seizure list witnesses is over.

Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (NDPS) 1095 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.)