Calcutta High CourtCRM (NDPS)/1451/2025allowed

Ibrahim Halsana v. State Of West Bengal

2025-11-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.11.2025 Court No.35.

D/L. 28.

Kausik (Allowed) CRM (NDPS) 1451 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Chapra Police Station Case No. 959 of 2024 dated September 18, 2024 under Sections 21(c)/29 of the NDPS Act.

And In the matter of : Ibrahim Halsana ......Petitioner.

Mr. Navanil De Ms. Srijani Ghosh ......for the Petitioner.

Ms. Faria Hossain Mr. Mirza Firoj Ahmed ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 1 year and 2 months and the recovery allegedly was of 57 bottles of Phensedyl from a house which do not belong to the petitioner.

Petitioner has been implicated because of his mere presence in the said house.

Learned advocate for the State opposes the prayer for bail and submits that since one of the accused person is absconding the prosecution cannot proceed with the case. Be that as it may, 14 witnesses have been proposed to be examined by the prosecution.

Having considered the time of detention of the petitioner, I am of the opinion, further detention of the petitioner is unwarranted. Petitioner shall be released on bail. Petitioner, namely, Ibrahim Halsana shall furnish 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, NDPS Act, Nadia at Krishnanagar. If on bail the petitioner shall be physically present on each and every date fixed by the Trial Court and shall not leave the jurisdiction of District of Nadia without the permission of the learned Special Court.

Accordingly, CRM (NDPS) 1451 of 2025 is allowed. If on bail the petitioner shall be physically present on each and every date before the learned Trial Court. Petitioner shall not leave the jurisdiction of Uttar Dinajpur without the prior permission of the learned Special Court. 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.)