Nur Islam v. State Of West Bengal

D/L 293 01.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (NDPS) 1260 of 2026 Nur Islam 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 NDPS Case No. 73 of 2026 corresponding to PTN Case No. 2119 of 2026 arising out of English Bazar Police Station Case No. 31 of 2026 dated 06.01.2026, under Sections 21(A)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And In the matter of : Nur Islam ......Petitioner.

Mr. Abhimanyu Banerjee Mr. Arnab Saha ...for the Petitioner Mr. Brajesh Jha, Ld. A.P.P Mr. Amartya Mohan ...for the State

1. Learned Advocate appearing for the petitioner submits that petitioner is in custody since 06.01.2026 and has been implicated along with others for alleged recovery of 612 gms of brown sugar. The chemical examiner's report reflect that there are more than one contraband and the same has not been quantified.

2. Learned Advocate appearing for the State opposes the prayer for bail and submits that the seizure was video graphed at the relevant place wherein the accused persons were found to be in possession of the contraband.

3. I have taken into account the period of detention, charge-sheet having been submitted and the prosecution relying upon eight witnesses to prove its case along with the chemical examiner's report which enures benefit to the petitioner in view of the judgment of the Supreme Court in [Sentu Seikh-Vs- State of West Bengal [SLP (Crl.) No. 13987 of 2025]. Having regard to the same the prayer for bail of the petitioner is allowed.

4. Accordingly, the prayer for bail of the petitioners is allowed. The petitioner, namely, Nur Islam 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, 4th 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) 1260 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.)