Mashidul Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

Mashidul Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Prayer for bail allowed; petitioner Mashidul Sk to be released on bail of Rs. 20,000 with two registered sureties of Rs. 10,000 each (one local), subject to conditions including territorial restriction to District Nadia, weekly reporting to Officer-in-Charge, Palashipara Police Station, non-tampering with evidence and presence during trial; C.R.M. (NDPS) 879 of 2025 disposed of.

Issue for consideration

Whether the petitioner, against whom nothing was recovered from his possession and whose name transpired only from the co-accused statement, is entitled to bail notwithstanding the rigour of section 37 of the NDPS Act, given that the investigation stands concluded in a chargesheet.

Court's answer

Considering that nothing was recovered from the petitioner's possession, his name transpired from the co-accused statement, the investigation has culminated into a chargesheet, further detention serves no fruitful purpose and early conclusion of trial is unlikely, the rigour of section 37 of the NDPS Act may not attract in respect of the present petitioner and bail is allowed.

Ratio / Principle

Petitioner Mashidul Sk is to be released on bail of Rs. 20,000 with two registered sureties of Rs. 10,000 each (one local), to the satisfaction of the learned Chief Judicial Magistrate, Krishnanagar, Nadia, on conditions including not leaving District Nadia without leave of the trial court, weekly reporting to the Officer-in-Charge, Palashipara Police Station, not tampering with evidence, remaining present during trial, and furnishing his cell phone number to the local police station; violation entitles the trial court to cancel bail without further reference.

Key takeaways

Nothing said in the order shall be construed as an expression of opinion on the merits of the case.obiter¶14

Detailed headnote1 paragraphs

NDPS Act, 1985 — Sections 21(c) and 37; Bharatiya Nagarik Suraksha Sanhita, 2023 — Section 483 — Application for regular bail in connection with Palashipara Police Station Case No. 28 of 2025 dated 12/01/2025 — Recovery of 379.7 gms of heroin alleged from principal accused Mafijul Sk. @ Sekh — Nothing recovered from possession of petitioner; name transpired from co-accused statement — Petitioner in custody about eighty days — Investigation already culminated into a chargesheet — Held, rigour of section 37 of the NDPS Act may not attract to the petitioner and detention serves no fruitful purpose — Bail allowed on bond of Rs. 20,000 with two registered sureties of Rs. 10,000 each (one local), subject to satisfaction of learned Chief Judicial Magistrate, Krishnanagar, Nadia — Conditions: petitioner not to leave geographical limit of District Nadia without leave of trial court, weekly reporting to Officer-in-Charge, Palashipara Police Station, no tampering with evidence, attendance during trial, cell phone number to be given to local police station — Violation entitles trial court to cancel bail without further reference — Observations not to be treated as expression of opinion on merits.

24.07.2025 Item no.24 Ct. No. 29 Akb (Allowed) C.R.M. (NDPS) 879 of 2025

In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Palashipara Police Station Case No. 28 of 2025 dated 12/01/2025 under sections 21( c ) of the NDPS Act, 1985.

In the matter of : Mashidul Sk

…. Petitioner.

Mr. Amanul Islam Mr. Sourav Mukherjee …for the Petitioner. Mrs. Faria Hossain Mr. Saptarshi Chakraborty ...for the State.

Prosecution case is that 379.7 gms. of heroine was recovered from the principal accused Mafijul Sk. @ Sekh. Learned counsel appearing on behalf of the petitioner submits that nothing was recovered from the possession of the petitioner and his name transpired from the co-accused statement and that he is in custody for about eighty days. Accordingly, he submits that petitioner may be released on bail on any terms and conditions.

Learned counsel appearing on behalf of the State opposed the bail prayer. However, in her usual fairness she submits that the name of the present petitioner transpired from the co-accused statement and that nothing was recovered from his possession, although he was taken to police custody immediate after arrest.

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Having considered the submissions made on behalf of the petitioner and the State and that the investigation has already been culminated into a chargesheet and that rigour of section 37 of the NDPS Act, may not attract in respect of the present petitioner in the instant proceeding and that no fruitful purpose would be served by detaining the petitioner any further in the custody, and that there is hardly any chance of early conclusion of trial the prayer for bail made by the petitioner is allowed.

Accordingly, the petitioner namely, Mashidul Sk. , shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Krishnanagar, Nadia, and also on condition that the petitioner shall not leave the geographical limit of District- Nadia, without the leave of the trial court, and shall report to the Officer-in-Charge, Palashipara Police Station, District –Nadia, once in a week until further order.

It is further ordered 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 cell phone number

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to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. The petitioner shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.

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

Accordingly, C.R.M. (NDPS) 879 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.)