Sarif Sk v. State Of West Bengal

02.12.2025 Serial no. 24 [G.S.D] CRM (NDPS) 1541 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Bhagwangola PS Case No. 120 of 2025 dated 8th March, 2025 u/s 21(c)/29 of the NDPS Act, 1985 relating to NDPS Case No. 46 of 2025.

-AndIn the matter of : Sarif Sk ... ... Petitioner(s) Mr. Arnab Chatterjee Mr. A. Ghosh Ms. A. Ghosh ... for the Petitioner(s) Mr. Anand Keshari Ms. Debjani Sahu ... for the State-respondent(s) Leaned advocate for the petitioner submits that 115 bottles of phensedyl were recovered from the alleged possession of the present petitioner and the petitioner is in custody for about eight months. Learned advocate also submits that although charge-sheet has been submitted but charges have not been framed and one of the accused persons is absconded.

Learned advocate for the State opposes the prayer for bail and submits that there are antecedents of the present petitioner.

It has also been submitted by the learned advocate for the State, as a counter to the petitioner, that the present petitioner was granted bail in the said case as he was

arrested pursuant to the statement of a co-accused and there was no recovery from the possession of the petitioner. Having considered the period of detention of the present petitioner, I am of the view that further custodial detention of the petitioner is unwarranted.

Hence, the prayer for bail of the petitioners is Allowed.

Accordingly, the petitioner viz, Sarif Sk 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 the learned Additional District & Sessions Judge, 2nd Court-cum- Judge, Special Court under NDPS, Berhampore, Murshidabad.

If on bail, the petitioner shall make himself physically available on each and every date of the trial so fixed by the learned trial court and shall not leave the jurisdiction of the district of Murshidabad without the leave of the trial court. Accordingly, CRM(NDPS) 1541 of 2025 is allowed. Pending application(s), if any, is also disposed of. Memo of Evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.)