MD Jiarul Haque Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

MD Jiarul Haque Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: in the event of arrest, the petitioner Md Jiarul Haque is to be released on bail to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; the order remains in force for six weeks as the charge-sheet has already been submitted.

Issue for consideration

Whether anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 should be granted to the petitioner in connection with Lalgola Police Station Case No.12 of 2026 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act.

Court's answer

Taking into account the police report which does not reflect any antecedent, and having considered that the petitioner's complicity is on the basis of the statement of the co-accused, the court was inclined to extend the benefit of anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail to the satisfaction of the Arresting Officer and shall be subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Key takeaways

Since the charge-sheet has already been submitted before the jurisdictional court, the order of anticipatory bail will remain in force for a period of six weeks.ratio¶17

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 granted to the petitioner in connection with Lalgola Police Station Case No.12 of 2026 dated 04.01.2026 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, where the subject matter related to alleged recovery of 339 grams of heroin from a co-accused and the petitioner was implicated on the basis of the statement of the co-accused; the police report did not reflect any antecedent. In the event of arrest, the petitioner is to be released on bail to the satisfaction of the Arresting Officer, subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As the charge-sheet has already been submitted before the jurisdictional court, the order of anticipatory bail remains in force for a period of six weeks. (Tirthankar Ghosh, J.)

D/L675 24.07.2026

Bpg.

Allowed

C.R.M. (A) 2193 of 2026

In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Lalgola Police Station Case No.12 of 2026 dated 04.01.2026 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act;

Md Jiarul Haque Versus The State of West Bengal

Mr. Somnath Adhikary Ms. Prajna Paramita Mandal. …for the petitioner.

Mr. Koushik Dey Mrs. Madhumita Sadhukhan. …for the State.

Learned advocate appearing for the petitioner submits

that the subject matter of the present case relates to alleged recovery of 339 grams of heroin from a co-accused and the petitioner has been implicated in the instant case on the basis of the statement of co-accused.

Learned advocate for the State opposes the prayer for anticipatory bail.

I have taken into account the report submitted by the police authorities which do not reflect any antecedent.

Having considered that the complicity of the petitioner is on the basis of the statement of co-accused, I am inclined to extend the benefit of anticipatory bail. As such, the prayer for anticipatory

2

bail of the petitioner is allowed.

Accordingly, in the event of arrest, the petitioner, namely, Md Jiarul Haque shall be released on bail to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

As charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of six weeks.

Thus, CRM(A)2193 of 2026 is allowed.

Memo of Evidence submitted by the State be kept with

the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)