Calcutta High CourtCRM (NDPS)/1239/2026allowed

Ekbal Shaikh v. State Of West Bengal

2026-07-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.07.2026 Court No.35.

D/L.272.

Rakib (Allowed) CRM (NDPS) 1239 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara Police Station case no. 350 of 2025 dated 23.07.2025 under Sections 21(c) of the NDPS Act.

And In the matter of : Ekbal Shaikh ......Petitioner.

Mr. Abdul Aziz Mondal .....for the Petitioner.

Mr. Sankalpa Bhattacharya ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for about 11 months, charge-sheet has been submitted, charge has been framed and witness action has commenced. The subject matter of the case relate to alleged recovery of 324.6 grams of heroin from the possession of the present petitioner. There are other accused persons but the seizure was from the present petitioner.

Learned advocate appearing for the State opposes the prayer for bail.

I have taken into account the materials appearing in the Case Diary along with the Chemical Examiner's Report which reflect presence of four contraband being Diacetylmorphine, 6Monoacetylmorpphine, Morphine-3-acetate & Acetylcodeine. Relying upon the judgment of Sentu Seikh -Vs. - State of West Bengal [SLP (Crl.) No. 13987 of 2025], I am of the opinion that the

petitioner should get the same advantage. Accordingly, the prayer for bail of the petitioner is allowed.

As such, the petitioner, namely, Ekbal Shaikh shall be released on bail upon furnishing 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 the learned Judge, Special Court (under NDPS Act), Krishnagar, Nadia.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Nadia without prior permission of the learned Special Court.

Thus, CRM (NDPS) No. 1239 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record.

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.)