Sekhar Singh v. State Of West Bengal

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 665 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1329 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kashipore Police Station Case No. 51 of 2025 dated 25.05.2025 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re :

Sekhar Singh ... Petitioner.

Mr. Joy Chakraborty, Mr. Sandip Dinda ... For the Petitioner.

Mr. Md. Adil Badr, Mr. Nirupam Dhali ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is a taxi driver and prima facie, it reflects that the said taxi was hired by other three accused persons who have been implicated in connection with the instant case. Subsequently, there was recovery of 35 kgs. of ganja which was concealed inside the dicky. It has been submitted that the petitioner may be released on bail on any stringent condition.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that commercial quantity of contraband has been seized. Having considered the materials in the case records and the fact that there was no association of the present petitioner with rest of the three accused persons and the

petitioner was simply a driver of the taxi who was hired, I am of the view that petitioner has been able to overcome the rigors of Section 37 of the NDPS Act. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Sekhar Singh shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act, 12th Court, Alipore.

If on bail, the petitioner 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 South 24-Parganas without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 1329 of 2025, 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.)