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Calcutta High CourtCRM (NDPS)/1318/2026allowed

Sahinur Ali v. State Of West Bengal

2026-07-03Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 280 03.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (NDPS) 1318 of 2026 Sahinur Ali Vs The State of West Bengal In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with PTN Case No. 1935 of 2025 arising out of Kaliachak Police Station Case No. 2021 of 2025 dated 10.12.2025, under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And In the matter of : Sahinur Ali ......Petitioner.

Mr. Md. Wasim Akram ...for the Petitioner Mr. Kalidas Saha Mr. Saswata Chatterjee ...for the State

1. Learned Advocate appearing for the petitioner submits that initially 1 kg of substance was recovered which did not lead to any positive result in the chemical examiner's test. Subsequent there was a recovery of 383 gms of brown sugar wherein the chemical examiner's report reflected diacetylmorphine and 6-monoacetylmorphine. Petitioner is in custody for 200 days. Charge-sheet has already been submitted and the prosecution has relied upon 14 witnesses.

2. Learned Advocate appearing for the State opposes the prayer for bail and submits that commercial quantity of contraband has been seized.

3. Having considered the judgment of [Sentu Seikh-VsState of West Bengal [SLP (Crl.) No. 13987 of 2025] and the time which will be consumed for taking the trial to its logical conclusion I am inclined to release the petitioner on bail.

4. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sahinur Ali 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 Learned Judge, Special Court, 3rd Court, under NDPS Act, Malda.

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

6. Accordingly, C.R.M (NDPS) 1318 of 2026 is allowed.

7. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.

8. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)