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Calcutta High CourtCRM(NDPS)/11/2026rejected

Nurul Islam v. The State Of West Bengal

2026-03-16Hon'Ble Justice Debangsu Basak1 pages

16.03.2026 Serial no. 36 [Dd] (Bail Rejected)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM(NDPS)/11/2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Bhaktinagar Police Station Case No. 355 of 2024 dated 27.04.2024 under Sections 21(c)/22(c)/29 of the NDPS Act.

-AndIn the matter of : NURUL ISLAM ... ...Petitioner Mr. Hillol Saha Podder, Advocate ... ... For the Petitioner Mr. Kallol Acharjee, Mr. Dhiman Sil, Advocates ... ...For the State

1. Petitioner claims parity with the other co-accused who was enlarged on bail by the order dated July 9, 2025 passed CRM (NDPS) 288 of 2025.

2. Co-accused in CRM (NDPS) 288 of 2025 was granted bail on the ground that the FIR does not reflect any recovery made from such co-accused.

3. In the present case, the recovery was made from the possession of the petitioner. Prayer for bail of the petitioner was rejected twice.

4. In such circumstances, I do not find that, the petitioner can rightfully claim parity with the co-accused who was granted bail in CRM (NDPS) 288 of 2025 and that, the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985.

5. Prayer for bail of the petitioner is rejected.

6. CRM(NDPS)/11/2026 is dismissed.

(Debangsu Basak, J.)