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Calcutta High CourtCRM (NDPS)/1413/2025allowed

Sk Sakirul @ Sekh Sakirul v. State Of West Bengal

2025-11-21Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 32 21.11.2025 Bpg.

Allowed C.R.M. (NDPS) 1413 of 2025 In Re: An application for bail under Section 483 of the Bharatiya Nagrik Suraksh Sanhita, 2023 filed in connection with Manikchak Police Station Case No.111 of 2025 dated 14.02.2025 under Sections 21(c)/ 27A of the Narcotic Drugs and Psychotropic Substances Act, 1985; Sk. Sakirul @ Sekh Sakirul

Versus

The State of West Bengal Mr. Mrityunjoy Chatterjee Ms. Suchismita Chakraborty.

...for the petitioner.

Mr. Madhusudan Sur Mr. Rajes Jana.

...for the State.

Learned advocate appearing for the petitioner submits that the subject matter of the case relates to seizure of 13 bottles of phensedyl and the petitioner is in custody for 9 months, the investigation of the case has already been concluded, however, till date charge has not been framed and the prosecution intends to examine 19 witnesses in order to prove its case. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that commercial quantity of phensedyl was recovered from the possession of the present petitioner, as such, the provisions of the Act do not permit the petitioner to release on bail.

Be that as it may, having regard to the quantum of seizure and the period of detention of the petitioner, I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner namely, Sk. Sakirul @ Sekh Sakirul shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, Special Court, under NDPS Act, 4th Court, Malda. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned trial court. The petitioner shall not leave the jurisdiction of the district of Malda without the permission of the learned special court.

Accordingly, CRM (NDPS) 1413 of 2025 is allowed. All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)