Sankar Halder v. State Of West Bengal

04.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No.17 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1554 of 2025 In Re : An Application for bail under Section 439 of the Code of Criminal Procedure, 1973 read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Berhampore Police Station Case No. 1043 of 2014 dated 25.10.2014 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Sankar Halder ... Petitioner.

Mr. Jisan Iqubal Hossain ... For the Petitioner.

Mr. Kaushik Kundu, Mr. Dattatreya Dutta ... For the State.

Learned advocate appearing for the petitioner submits that the subject-matter of the present case involves recovery of 2 kgs. 200 grams of ganja/contraband from the possession of the present petitioner. Petitioner was initially granted bail, but for miscommunication, he could not attend the court and as such, subsequently he was arrested on the basis of warrant of arrest.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that the case is of the year 2014 and till date, charges could not be framed because of the petitioner fleeing away from the process of justice. It has also been pointed out that on 04.12.2025, date has been fixed for consideration of charges.

In view of the quantity of contraband seized, I am inclined to release the petitioner on bail. However, because of

his previous conduct, stringent conditions are imposed which are as follows :

1. Petitioner viz., Sankar Halder shall be released on bail only after the stage of consideration of charges is over.

2. Petitioner 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, Berhampore, Murshidabad.

It is clarified that for the purposes of the present case, the local surety would be of a person who would deposit the Title Deed of the property in the learned Trial Court which will be held by the learned Trial Court till disposal of the trial.

In case petitioner is unable to organize any person for depositing such Title Deed, petitioner would be released on bail, if he deposits his own Title Deed of the property also.

3. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Trial Court and shall not leave the jurisdiction of the district of Murshidabad without prior permission of the learned Trial Court.

The application for bail, being CRM (NDPS) 1554 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.)