Safikul Miya@Hoque@Islam v. The State Of West Bengal

16.06.2025 Item no. 22.

Court No.2.

Kausik Calcutta High Court In the Circuit Bench at Jalpaiguri CRM (NDPS) 247 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Dinhata Police Station Case No. 200 of 2025 dated 20.04.2025 under Section 20(b)(ii)(c)/21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Safikul Miya @ Hoque @ Islam ......Petitioner.

Mr. Sudip Guha ......for the Petitioner.

Mr. Nilay Chakraborty, Ld. APP Mr. Subhasish Misra ......for the State.

Learned advocate appearing for the petitioner emphasized that the petitioner was arrested only on the basis of the statement of one Tahidul Haque who was initially arrested with 112.300 kgs. of Ganja and 499 bottles of ESKUF cough syrup. The said accused named series of persons which included the name of the petitioner.

Learned advocate submits that there has been no recovery from the possession of the petitioner and subsequently also the police authorities in spite of best of

their efforts could not detect any relationship with the accused who was initially arrested. Surprisingly, the petitioner was arrested on 11.05.2025 and since then he is in custody.

Learned advocate for the State on perusal of the case diary submits before the Court that no incriminating materials have been collected and the present case against the petitioner is restricted to the statement of four accused.

Having considered that the petitioner is in custody only on the basis of statement of co-accused, I am of the view that further detention of the petitioner is unwarranted.

Accordingly, prayer for bail of the petitioner is allowed.

Petitioner shall furnish bond of Rs. 50,000/- (Rupees Fifty Thousand only) with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Special Court. If on bail the petitioner shall meet with the Investigating Officer once in a week till further orders of this Court. The petitioner shall attend the learned Special Court as and when so directed and will not violate the conditions.

In case any of the conditions aforesaid are violated, the learned Special Court would be at liberty to cancel the bail without further reference to this Court.

Accordingly, CRM (NDPS) 247 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.)