Calcutta High CourtCRM(NDPS)/168/2025allowed

Shahrukh Khan @ Saharukh Khan v. The State Of West Bengal

2025-06-09Hon'Ble Justice Tirthankar Ghosh3 pages

09.06.2025 Item no. 12.

Court No.2.

Kausik (Allowed) Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 168 of 2025 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Matelli Police Station Case No. 150 of 2024 Dated 03.08.2024 under Sections 21(c)/22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Shahrukh Khan @ Saharukh Khan ......Petitioner.

Mr. Hillol Saha Podder ......for the Petitioner.

Mr. Abhijit Sarkar Mr. Dhiman Sil ......for the State.

Learned advocate for the petitioner submits that the petitioner is in custody since he was arrested on 03.08.2024. Further in the instant case, charge sheet has already been submitted and charge has already been framed and according to the petitioner witness action would commence on and from the next date fixed by the learned Special Court.

Learned advocate appearing for the State opposes the prayer for bail and submits that two liters of codine mixture were recovered from the possession of the

present petitioner and there is every possibility of the petitioner fleeing away from the process of law in case he is released on bail.

I have considered the period of detention of the petitioner which is more than 9 months. Having regard to the same, I am of the view that the petitioner may be released on bail by imposing stringent condition. Consequently, petitioner would furnish bond of Rs. 20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local. It is clarified that the local surety must be an individual who would submit the title deed of property before the learned Special Court or to the Court so directed by the learned Special Court which would be retained till the end of the trial.

Petitioner shall make himself available on each and every date of trial and in case the petitioner is absent without any cogent ground, the learned Special Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (NDPS) 168 of 2025 is allowed. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)