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Calcutta High CourtCRM (NDPS)/1192/2026allowed

Ikbal Khan @ Md. Ikbal Khan And ANR v. State Of West Bengal

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

29.06.2026 Ct. No. 35 Sl. No.189 akd [ALLOWED] C. R. M. (NDPS) 1192 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed on 21.05.2026 in connection with Suti Police Station Case No.1010 of 2025 dated 24.08.2025 under Sections 21(c)/29 of the NDPS Act. (NDPS Case No. 153 of 2025) And In Re: Ikbal Khan @ Md. Ikbal Khan & Anr.

... ... Petitioners Ms. Shabana Hasin Ms.Samina Akter ... ... for the petitioners Mr. Imran Siddiqui ... ... for the State Learned Advocate appearing for the petitioners submits that although initially prosecution suspected a seizure of 315 gms. of Heroin and 174.68 gms. of Morphine to have been seized but so far as the seizure relating to 315 gms. of Heroin is concerned, chemical examiner's report does not support the prosecution case. As such, the prosecution case is based on recovery of 174.68 gms. of Morphine. The said quantum is of intermediate quantity and as such the petitioners may be released on bail as charge sheet has already been submitted before the jurisdictional special court.

Learned Advocate for the State opposes the prayer for bail but on assessment of the relevant submissions made by the petitioners finds support in the case diary materials which have been handed over to him by the prosecuting agency.

I have taken into account the totality of the circumstances including the period of detention which is ten months. Having regard to the fact that 21 witnesses have been relied upon by the prosecution, I am

inclined to release the petitioners on bail. As such, the prayer for bail of the petitioners is allowed.

Accordingly, the petitioners viz., (1) Ikbal Khan @ Md. Ikbal Khan & (2) Ronan Khan @ Md. Ronan Khan, shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty thousand only) each, 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, 5th Court, Murshidabad at Berhampore. If on bail, the petitioners 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) 1192 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.)