Abu Kalam Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Abu Kalam Sk Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail upon bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438 CrPC / Section 482 BNSS conditions and further conditions against threatening/intimidating witnesses or tampering with evidence, surrender before the jurisdictional Court within four weeks, and regular attendance.

Issue for consideration

Whether the petitioner, against whom the only incriminating material is the statement of a co-accused, has rebutted the restrictions contained in Section 37 of the NDPS Act and is entitled to anticipatory bail. +1 more

Court's answer

As there are no incriminating materials against the petitioner except the statements of a co-accused, the petitioner has rebutted the restrictions contained in Section 37 of the NDPS Act; considering the case diary materials and that the charge sheet has already been submitted, the Court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to Section 438 CrPC / Section 482 BNSS conditions, with further conditions not to threaten or intimidate witnesses or tamper with evidence, to surrender before the learned jurisdictional Court and pray for bail within four weeks, and to attend the jurisdictional Court regularly.

Key takeaways

Praying for issuance of proclamation before the jurisdictional Court during pendency of an application for anticipatory bail before this Court is quite irregular.obiter¶11
Issuance of proclamation is not an absolute bar in moving an application for anticipatory bail.obiter¶13

Detailed headnote1 paragraphs

Anticipatory bail (Section 438 CrPC / Section 482 BNSS) in Kaliachak PS Case No.904/2025 under Sections 21(c)/25/27A/29 NDPS Act: the only material against the petitioner was the statement of a co-accused; the State conceded absence of phone call records, money trail or criminal antecedent. Holding that the petitioner had rebutted the restrictions of Section 37 NDPS Act, and noting the charge sheet stood submitted, the Court granted anticipatory bail in the event of arrest on a personal bond of Rs.10,000/- with two sureties of like amount (one local), subject to Section 438/Section 482 conditions, non-intimidation of witnesses, surrender before the jurisdictional Court within four weeks and regular attendance. The Court observed that seeking proclamation during pendency of an anticipatory bail application before it is 'quite irregular', but that issuance of proclamation is not an absolute bar to moving such an application.

17.02.2026 Sl. No.19 Ct. 28 NB

C.R.M (A) 3 of 2026

In Re:- An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak PS Case No.904/2025 dated 28.05.2025 under Sections 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And

In the matter of: Abu Kalam Sk … petitioner

Mr. Mazhar Hossain Chowdhury. …for the petitioner.

Mr. Antarikhya Basu, Mr. Debadrita Mondal. …for the State.

Report filed on behalf of the State is taken on record.

Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no other incriminating material available against the present petitioner.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. However, he submits that there are no phone call records or money trail or criminal antecedent that would implicate the present petitioner and there is no incriminating material available against the present petitioner other than the statement of a co-accused. However, during pendency of the application for anticipatory bail, prayer was made for issuance of proclamation.

During pendency of an application for anticipatory bail before this Court, praying for issuance of proclamation before the jurisdictional Court is quite irregular.

2

In any event, issuance of proclamation is not an absolute bar in moving an application for anticipatory bail.

In view of the fact that the there are no incriminating materials available against the petitioner except for the statements of a co-accused, the petitioner has been able to rebut the restrictions contained in Section 37 of the NDPS Act, and considering the materials available in the case diary and the fact that charge sheet has already been submitted, I am inclined to grant anticipatory bail to the present petitioner.

Accordingly, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of Arresting Officer and subject to the conditions as laid down under Section 438 of the Code of Criminal Procedure, corresponding to Section 482 of the Bharatiya Nagarik Suraksha Sanhita and on further condition that the petitioner shall not threaten or intimidate witnesses or tamper with evidence in any manner whatsoever and shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail is, thus, disposed of.

Urgent photostat certified copies of this order may be delivered to the learned Advocates for the parties, if applied for, upon compliance of all formalities.

(Jay Sengupta, J.)