Abu Motaleb @ Fitu @ Abdul Motalleb Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

Abu Motaleb @ Fitu @ Abdul Motalleb Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed: petitioner to be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each (one must be local), subject to satisfaction of the learned Chief Judicial Magistrate, Malda, and conditions — no misuse of liberty, no tampering with oral or documentary evidence during trial, presence on all trial days, no offence while on bail, mobile phone number to be given to local police station and not changed without trial-court permission, no delay of trial, no leaving Malda district without leave of the court below, and weekly reporting to the Inspector-in-Charge, Kaliachak Police Station; court below free to cancel bail on any violation without reference to this Court.

Issue for consideration

Whether Abu Motaleb @ Fitu @ Abdul Motalleb — not named in the FIR, from whose possession no contraband was recovered, and in custody for about 116 days while the investigation and CFSL report remain pending — is entitled to regular bail under Section 483 BNSS notwithstanding the NDPS charges (Ss. 21(c)/29, 27(A), 29).

Court's answer

Since no recovery of contraband was made from the possession of the present petitioner, the rigor of Section 37 of the NDPS Act may not attract in respect of him.

Ratio / Principle

The investigation in respect of the petitioner must have advanced to a considerable extent during his incarceration and his further detention may not be required for the purpose of investigation.

Key takeaways

Express reservation: anything said in the order shall not be construed as an expression of opinion on the merit of the case.obiter¶14

Detailed headnote1 paragraphs

Bail under S. 483 BNSS allowed to a non-FIR-named accused in Kaliachak P.S. Case No. 635/2025 dated 20.04.2025 (NDPS Act, Ss. 21(c)/29, 27(A), 29): 610 grams of brown sugar was seized from co-accused Sumita Basak and the petitioner's name surfaced only from her statement; six days' police custody yielded no recovery from him; about 116 days in custody with investigation ongoing and CFSL report awaited. Held: absence of any recovery from the petitioner takes the case outside the rigor of S. 37 NDPS, and continued detention is unnecessary for investigation. Bail on a Rs. 20,000/- bond with two registered sureties of Rs. 10,000/- each (one local), before the CJM, Malda, with conditions including trial attendance, no tampering with evidence, mobile-number disclosure, weekly reporting to Kaliachak P.S. and confinement to Malda district; court below may cancel bail on violation without reference to this Court. Order expressly reserved from being read as an opinion on the merits.

44 14.08.2025 Ct. 29 Jayanta Allowed C.R.M. (NDPS) 702 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station case no. 635/2025 dated 20.04.2025 under Sections 21(c)/29, 27 (A), 29 of the NDPS Act;-

And In the matter of : Abu Motaleb @ Fitu @ Abdul Motalleb …. Petitioner Mr. Sagar Saha Ms. Nayana Mukhopadhyay …for the Petitioner Ms. Srayashee Biswas Ms. Ratna Ghosh

...for the State

The prosecution case is 610 grams of brown sugar was recovered from the possession of one Sumita Basak and the name of the present petitioner transpired from the statement of that principal accused. However, the petitioner was taken on six days police custody but nothing was recovered from him. He is in custody for about 116 days, though he is not FIR named and considering all these his further detention may not be required for the purpose of investigation.

Learned counsel appearing on behalf of the State opposed the bail prayer contending that the investigation is still in progress and they have not yet received the CFSL report also. However, she submits that the petitioner’s name transpired from the co-

2

accused statement and nothing was recovered from his possession.

Having heard the learned counsel appearing on behalf of the petitioner and the State and that no recovery of contraband was made from the possession of the present petitioner, the rigor of Section 37 of the NDPS Act may not attract in respect of the present petitioner and that the investigation in respect of the present petitioner must have advanced to a considerable extent during his incarceration and his further detention may not be required for the purpose of investigation.

Accordingly, prayer for bail is allowed.

Accordingly, the petitioner namely, Abu Motaleb @

Fitu @ Abdul Motalleb, shall be released on bail upon furnishing a bond of Rs. 20,000/- with two registered sureties of Rs. 10000/- each, of which one must be local, subject to the satisfaction of the learned Chief Judicial Magistrate, Malda and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he

3

shall not in any manner try to delay the trial. The petitioner shall not leave the geographical limit of district of Malda without taking leave from the court below and shall report to the Inspector-in-charge, Kaliachak Police Station once in a week until further order. The court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this court.

Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case.

Accordingly, CRM (NDPS) 702 of 2025 is disposed of.

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

(Dr. Ajoy Kumar Mukherjee, J.)