Sultan Miya @ Ali Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

Sultan Miya @ Ali Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner enlarged on bail on a bond of Rs. 20,000/- with two sureties of like amount each (one local), with conditions of residence within jurisdiction, attendance as directed, provision of mobile number to O/C Gangarampur P.S., phone kept switched on, and no witness intimidation or evidence tampering; Trial Court empowered to cancel bail on unjustified non-compliance.

Issue for consideration

Whether the petitioner, arrested solely on the basis of a co-accused's statement with nothing recovered from his possession, is entitled to bail notwithstanding the rigor of Section 37 of the NDPS Act.

Court's answer

Since the petitioner was arrested on the basis of a co-accused's statement, nothing was recovered from him since arrest till date, and he has been incarcerated since 23 December 2024, the rigor of Section 37 of the NDPS Act does not attract.

Ratio / Principle

The petitioner shall be enlarged on bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount each (one local), to the satisfaction of the learned CJM, Balurghat, Dakshin Dinajpur, subject to conditions: he shall not leave the concerned Court's jurisdiction without prior permission, shall attend Court whenever asked, shall give his mobile number to O/C Gangarampur P.S. upon release and keep the phone switched on at all times, and shall not intimidate witnesses or tamper with evidence; on non-compliance without justifiable cause the learned Trial Court may cancel bail without further reference to this Court.

Detailed headnote1 paragraphs

Bail granted – NDPS – Application under Section 483 BNSS in Gangarampur PS Case No. 83 of 2024 (Sections 21(c)/22(c)/23(c)/27A/28/29 NDPS Act, 1985; NDPS Case No. 12 of 2024) – Petitioner arrested on 23.12.2024 solely on a co-accused's statement, nothing recovered from his possession, in custody since arrest – Principal accused Mostaque Hossain on statutory bail – Rigor of Section 37 NDPS Act does not attract – Petitioner enlarged on bond of Rs. 20,000/- with two sureties of like amount (one local) before CJM, Balurghat, Dakshin Dinajpur – Conditions: no exit from jurisdiction without permission, attendance as directed, mobile number to O/C Gangarampur P.S., phone kept switched on, no witness intimidation or tampering – Trial Court free to cancel bail on unjustified non-compliance – Application disposed of (03.04.2025).

03.04.2025

CRM (NDPS) No. 260 of 2025

akb Sl. 17 In re: An application for bail under Section 483 of the Bharatiya Ct.29 Nagarik Suraksha Sanhita, 2023 filed in connection with Allowed Gangarampur Police Station Case No. 83 of 2024 dated 27.02.2024 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act,1985 corresponding to NDPS case No. 12 of 2024.

And In re: Sultan Miya @ Ali … petitioner. Mr. Kaushik Choudhury Mr. Rakesh Jaja …for the petitioner. Mr. Bibaswan Bhattacharya Ms. Debadrita Mondal …for the State.

This is an application under Section 483 of the BNSS, 2023, wherein the petitioner has contended that he was arrested on the basis of the co-accused’s statement on 23^rd December, 2024 in connection with the Gangarampur Police Station Case No. 83 of 2024 dated 27.02.2024 corresponding to NDPS case No. 12 of 2024.

He further submits that nothing was recovered from his possession during investigation and that the principal accused, Mostaque Hossain is on statutory bail and accordingly the petitioner prays for releasing him on any terms and conditions.

Learned Counsel appearing on behalf of the State submits that the principal accused, Mostaque Hossain, during examination has disclosed the name of eight persons and beside the principal accused and the present petitioner all other persons are absconding and he further submits that it also transpires that the present petitioner has made telephonic conversion with the said persons. Having heard learned Counsel appearing on behalf of the petitioner

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and the learned Counsel appearing on behalf of the State and also considering the materials collected in the Case Diary and that the petitioner is suffering incarceration since 23^rd December, 2024 and that he was arrested on the basis of co-accused’s statement and nothing was recovered from him since arrest till date, the rigor of Section 37 of the NDPS Act does not attract in the present context.

In such view of the matter, petitioner, Sultan Miya @ Ali shall be enlarged on bail upon furnishing a bond of Rs. 20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of learned CJM, Balurghat, Dakshin Dinajpur and also on condition that the petitioner shall not leave the jurisdiction of concerned Court without prior permission of the concerned Court and will attend the Court whenever he will be asked to attend. The petitioner shall, upon his release, give his mobile no. to O/C Gangarampur P.S. and shall keep his mobile phone switched on at all times.

It is further directed that the petitioner shall not intimidate the witnesses or tamper with evidence in any manner whatsoever.

It is made clear that in the event the petitioner fails to comply with the aforesaid directions without any justifiable cause, the learned Trial court would be at liberty to cancel the petitioner’s bail without any further reference to this Court.

The application for bail being CRM (NDPS) 260 of 2025 is, accordingly, disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Dr. Ajoy Kumar Mukherjee, J.)