Azaruddin @ Ajharuddin Ansari Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Azaruddin @ Ajharuddin Ansari Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, the petitioner to be released on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount each, to the satisfaction of the arresting officer, subject to the conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; petitioner to surrender before the jurisdictional Magistrate and pray for regular bail within two weeks from date; CRM (A) 114 of 2026 disposed of and case diary to be returned.

Issue for consideration

Whether the petitioner, whose name transpired from the statement of a co-accused and from whom no narcotic substance was recovered, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the NDPS case, notwithstanding the statutory restriction under Section 37 of the NDPS Act.

Court's answer

The petitioner, whose name transpired from the statement of a co-accused and from whom no narcotic substance was recovered, has rebutted the statutory restriction under Section 37 of the NDPS Act; the call detail records prima facie suggesting exchange of calls between the petitioner and the principal accused need verification to ascertain whether they pertain to the alleged offence, and the petitioner is entitled to anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner Azaruddin @ Ajharuddin Ansari is to be released on bail on furnishing a bond of Rs. 20,000 with two sureties of like amount each, to the satisfaction of the arresting officer, subject to the conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and shall surrender before the jurisdictional Magistrate and pray for regular bail within two weeks from date.

Detailed headnote1 paragraphs

Anticipatory bail - Section 482, Bharatiya Nagarik Suraksha Sanhita, 2023 - NDPS Act case (Sections 8(c)/21(c)/29), NJP GRPS Police Station Case No. 28 of 2025 - Petitioner's name transpired from the statement of a co-accused; no narcotic substance recovered from the petitioner; call detail records prima facie suggesting calls between the petitioner and the principal accused require verification; charge sheet filed - statutory restriction under Section 37, NDPS Act held rebutted - anticipatory bail granted on a bond of Rs. 20,000 with two sureties of like amount each, to the satisfaction of the arresting officer, subject to Section 482(2) BNSS conditions, with a direction to surrender before the jurisdictional Magistrate within two weeks for regular bail (Suvra Ghosh, J.; High Court at Calcutta, Circuit Bench at Jalpaiguri; CRM (A) 114 of 2026; decided February 17, 2026).

February 17, 2026 79 ARDR. Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

CRM (A) 114 of 2026

In Re : An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NJP GRPS Police Station Case No. 28 of 2025 dated 11/4/2025 under Sections 8(c)/21(c)/29 of the NDPS Act.

And

In Re : Azaruddin @ Ajharuddin Ansari

... Petitioner.

Adv. Chandan Roy, Adv. Abdul Habib,

Adv. Aditi Shankar Chakraborty, Adv. Ujjwal Luksom,

…for the petitioner. ... for the State

Learned counsel for the petitioner submits that no recovery has been made from the petitioner and his name has transpired from the statement of the co accused.

Learned counsel for the State opposes the prayer.

The petitioner’s name has transpired from the statement of a co accused. No narcotic substance has been recovered from the petitioner. Though there are call detail records prima facie suggesting exchange of calls between the petitioner and the principal accused from whom recovery has been made, the call records need to be verified in order to ascertain whether they pertain to the alleged offence. Charge sheet has been submitted. The petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

2

Accordingly, this Court directs that in the event of arrest, the petitioner namely Azaruddin @ Ajharuddin Ansari be released on bail on furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer subject to conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall surrender before the jurisdictional Magistrate and pray for regular bail within two weeks from date.

CRM (A) 114 of 2026 is, thus, disposed of.

Case Diary be returned.

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

(Suvra Ghosh, J.)