Calcutta High CourtCRM(A)/57/2026allowed

Alimul Ali v. The State Of West Bengal

2026-02-13Hon'Ble Justice Suvra Ghosh2 pages

13.02.2026 Item No.16 Ct.No.05 b.das Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (A) 57 of 2026 In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 579 of 2025 dated 28.09.2025 under Sections 21(c)/25/29 of the NDPS Act. And In Re :

Alimul Ali ... Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das ... for the Petitioner Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee ... for the State Heard learned counsels for the parties.

Learned counsel for the petitioner submits that no narcotic substance was recovered from the petitioner and his name has transpired from the statement of the co accused. Learned counsel for the State opposes the prayer. I have considered the material on record.

In view of the fact that no narcotic substance was recovered from the petitioner and his name has transpired from the statement of co accused, this Court is inclined to hold that the petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Accordingly, in the event of arrest, the petitioner Alimul Ali be released on bail on furnishing bond of Rs.20,000/-

(Rupees Twenty Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that he shall meet the investigating officer once a week till submission of charge sheet.

The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date. The application being CRM (A) 57 of 2026 is disposed of.

Case Diary be returned.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)