Dismissed¶12

Masidul Sk @ Toni Sk @ Toni Kalu @ Masadul v. State of West Bengal

Calcutta HC12 Aug 2025CRM (NDPS)/671/2025

Case brief

AI extract

What is this about?

NDPS bail rejected; rigour of section 37 NDPS Act applied; Sections 21(c)/29 NDPS Act 1985; 897 bottles codeine cough syrup recovered from Jamarul Sk.; 100 bottles phensedyl from Younus Ali; Sagarpara PS case 148/2025 dated 12.02.2025; C.R.M. (NDPS) 671 of 2025; decided 12.08.2025; Dr. Ajoy Kumar Mukherjee, J.

What did the court decide?

On hearing counsel and perusing the investigation materials, the court found that the rigour of section 37 of the NDPS Act clearly attracts in respect of the petitioner, and accordingly rejected the prayer for bail. ¶12

Masidul Sk @ Toni Sk @ Toni Kalu @ Masadul Vs State of… — Narcotics (NDPS) | Calcutta HC (2025)

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12.08.2025 27 Bd.

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C.R.M. (NDPS) 671 of 2025

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In Re:- An application for Bail under Section 439 of the Criminal Procedure Code as amended/ under section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS case no. 23 of 2025 arising out of Sagarpara Police Station case no. 148 of 2025 dated 12.02.2025 under Sections 21(c)/29 of the NDPS Act, 1985.

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And

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In the matter of : Masidul Sk @ Toni Sk @ Toni Kalu @ Masadul Sk. …. Petitioner

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Mr. Tapodip Gupta …for the Petitioner

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Mr. Bibaswan Bhattacharya Mr. Arup Sarkar ...for the State

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Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from his possession in connection with the instant proceeding and he is in custody for about four months though investigation has already been culminated into a charge-sheet. He further submits that in the other criminal cases the petitioner is on bail and as such the rigour of section 37 of the NDPS Act does not attract in respect of the present petitioner and he was shown arrested on 6^th March, 2025.

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Learned counsel appearing on behalf of the State vehemently opposed the bail prayer and contended that 897 bottles of cough syrup containing codeine phosphate was recovered from one Jamarul Sk. who was caught red handed. The other accused persons including present petitioner managed to fled away from the spot. However, following the

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statement of Jamarul Sk. name of the present petitioner transpired and following the statement of the present petitioner, one Younus Ali was arrested and 100 bottles of phensedyl was further recovered from his possession. Therefore it is evident in investigation that petition is a part of organized crime.

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Having heard learned counsel appearing on behalf of the petitioner and the State and on perusal of the materials collected during investigation it appears that rigour of section 37 of the NDPS Act clearly attracts in respect of the present petitioner and as such the prayer for bail is considered and rejected.

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Accordingly, CRM (NDPS) 671 of 2025 is disposed of.

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

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(Dr. Ajoy Kumar Mukherjee, J.)

Masidul Sk @ Toni Sk @ Toni Kalu @ Masadul v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Masidul Sk @ Toni Sk @ Toni Kalu @ Masadul v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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