Calcutta High CourtCRM (NDPS)/30/2026allowed

Sajejul Sk @ Iman v. State Of West Bengal

2026-02-02Hon'Ble Justice Tirthankar Ghosh2 pages

63.

02-02-2026 CRM (NDPS) 30 of 2026 (ct. no.08) S. De 265777 (Allowed) In Re: An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

And In the matter of : Sajejul Sk @ Iman.

Ms. Karabi Roy, ...for the petitioner.

Mr. Bibaswan Bhattacharyya, Mr. Akash Gangully, ...for the State.

Memo of Evidence submitted by the State, be kept with the records.

Learned advocate appearing on behalf of the petitioner submits that 356 grams of heroine was recovered from the possession of the present petitioner and the petitioner is in custody for more than one year three months.

Learned advocate for the State opposes the prayer for bail and submits that four witnesses have already been examined and the prosecution would examine another four witnesses in support of his case. It has also been pointed out that there are antecedents of the present petitioner and two other cases are pending against him.

Learned advocate for the petitioner has produced the certified copy of the witnesses which reflects that two of the independent seizure witnesses have turned hostile. Accordingly, I am of the view that at this stage at least the rigors of Section 37 of the N.D.P.S. Act is somewhat diluted. However, such consideration is only restricted for

the purposes of bail. Learned Trial Court, would on the merits of the case decide the final outcome.

In view of the above, the prayer for bail is allowed. Accordingly, the petitioner viz, Sajejul Sk @ Iman 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 Judge, NDPS Act, Nadia at Krishnagar.

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 Nadia without prior permission of the learned Special Court. The application for bail, being CRM (NDPS) 30 of 2026 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 the order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)