Sakil Sekh v. The State Of West Bengal
17.06.2025
IN THE HIGH COURT AT CALCUTTA
Item No.10 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 dc.
Allowed C.R.M. (NDPS) 239 of 2025 In Re : An Application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Sahebganj Police Station Case No. 154 of 2025 dated 21.03.2025 under Sections 20(b)(ii)(c)/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And In Re :
Sakil Sekh ... Petitioner.
Mr. Sourav Ganguly, Mr. Bibek Tarafder, Mr. Gopal Roy, Ms. Rishita Chakraborty, Mr. Bibhash Kumar Nandi ... For the Petitioner.
Mr. Abhijit Sarkar, Dr. Arjun Chowdhury ... For the State.
Learned advocate appearing for the petitioner submits that there has been no recovery from the petitioner in connection with the instant case and he was shown arrested by the police authorities on the basis of a statement of coaccused. It has also been submitted that the investigating agency on conclusion of investigation has already submitted charge-sheet before the jurisdictional court. Learned advocate appearing for the State opposes the prayer for bail and submits that the petitioner does not have
a clean antecedent and is already arraigned in another case of the same police station.
I have considered the submissions of the learned advocate appearing for the State and the fact that there are two cases being Sahebganj Police Station Case No. 153 of 2025 and Sahebganj Police Station Case No. 154 of 2025. Having regard to the genesis of both the cases, I am of the view that the same are intrinsically connected to one another and there has been no seizure from the petitioner in connection with the instant case while there was seizure from the petitioner in connection with Sahebganj Police Station Case No. 153 of 2025. Having considered that the complicity of the petitioner is restricted only to the statement of co-accused and the charge-sheet having been submitted, I am of the opinion that further detention of the petitioner is unwarranted in connection with the instant case.
As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, (NDPS), Cooch Behar.
within the jurisdiction of the learned Additional Sessions Judge, 1st Court, (NDPS), Cooch Behar.
If on bail, the petitioner shall, on each and every date be physically present before the learned Special Court and will not hinder the progress of the case.
In case there is any violation of the conditions so imposed, the learned Special Court would cancel the bail of the petitioner without further reference to this Court. The application for bail, being CRM (NDPS) 239 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.)