Calcutta High CourtCRM (NDPS)/1108/2026allowed

Hasan Ali v. State Of West Bengal

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

29.06.2026 Court No.35.

D/L. 164.

Kausik (Allowed) CRM (NDPS) 1108 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 Kaliachak Police Station Case No. 868/2025 dated 24.05.2025 under Section 21(C)/25/27A/29 of the NDPS Act.

And In the matter of : Hasan Ali ......Petitioner.

Mr. Arup Kumar Bhowmick ......for the Petitioner.

Mr. Moyukh Mukherjee ......for the State.

Learned advocate appearing for the petitioner submits that there has been alleged recovery of 351 bottles of Phensedyl in connection with the instant case and the petitioner is in custody for more than 13 months. Till date witness action has not commenced.

Learned advocate for the State opposes the prayer for bail.

Having considered the period of detention of the present petitioner and the fact that earlier opportunities were granted to the prosecution and there has been no progress in the case, I am of the view that substantial time will be required by the prosecution to take the trial to its logical conclusion. Accordingly, I am inclined to release the petitioner on bail.

Accordingly, Petitioner, namely, Hasan Ali 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 Judge, Special Court (under NDPS Act), 4th Court, Malda. If on bail, the 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 Malda without the prior permission of the learned Special Court. Thus, CRM (NDPS) 1108 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.)