Obaidul Islam and Anr. Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Obaidul Islam and Anr. Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: in the event of arrest, the petitioners to be released on bail on a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one of whom must be local), subject to conditions under Section 438(2) Cr.P.C. and/or Section 482(2) BNSS, 2023, and to meet the investigating officer once a week till charge-sheet.

Issue for consideration

Whether the petitioners, arraigned in Sitai Police Station Case No. 272 of 2025 under Sections 21(c)/29 of the NDPS Act allegedly on the basis of the statement of the co-accused, are entitled to anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Since there has been no further recovery from the possession of the petitioners and the investigation is still in progress, custodial detention of the petitioners is unwarranted; the prayer for anticipatory bail is allowed.

Ratio / Principle

In the event of arrest, the petitioners are to be released on bail on a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one of whom must be local), to the satisfaction of the investigating officer/arresting officer, subject to the conditions under Section 438(2) Cr.P.C. and/or Section 482(2) of the BNSS, 2023.

Key takeaways

As the investigation is in progress, the petitioners shall meet the investigating officer of the case once a week till the charge-sheet is submitted before the jurisdictional Special Court.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. / S.482 BNSS, 2023 — NDPS Act, Ss.21(c)/29 — Sitai Police Station Case No. 272 of 2025 dated 26.11.2025 — recovery of sacks and more than 362 bottles of cough syrup in a sensitive border area; names of petitioners transpired from the co-accused during investigation — no further recovery from the petitioners' possession; investigation in progress — custodial detention held unwarranted — anticipatory bail allowed: bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one local surety), subject to conditions under S.438(2) Cr.P.C. and/or S.482(2) BNSS — petitioners to meet the investigating officer once a week till charge-sheet before the jurisdictional Special Court. (Tirthankar Ghosh, J.)

16.01.2026 Item no. 05. Court No.3. Rakib (Allowed)

In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Miscellaneous Jurisdiction

CRM (A) 26 of 2026

In Re: An Application for Anticipatory Bail under Section 438 of the Code of Criminal Procedure, 1973/Under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sitai Police Station Case No. 272 of 2025 dated 26.11.2025 under Sections 21(c)/29 of the NDPS Act.

And

In the matter of : Obaidul Islam & Anr.

……Petitioners.

Mr. Hillol Saha Podder

……for the Petitioners.

Mr. Aditi Shankar Chakraborty, Ld. PP-In-Charge Mr. Nilay Chakraborty, Ld. APP Mr. Bhaskar Das

……for the State.

Learned advocate appearing for the petitioners submits that petitioners have been implicated in connection with the instant case on the basis of the statement of the co-accused.

Learned advocate for the State opposes the prayer for anticipatory bail and submits that the offence was committed in the sensitive border areas and the investigation of the case is still in progress.

I have considered the initial complaint of the Commander of BSF which reflects that one person was found at the spot who was throwing a sack containing cough syrup. Subsequently, another nine sacks were recovered and more than 362 bottles of

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such cough syrup were recovered, in course of the investigation the name of the present petitioners transpired from the coaccused.

Having considered that there has been no further recovery from the possession of the present petitioners and the investigation of the case is still in progress, I am of the view that custodial detention of the present petitioners are unwarranted. As such the prayer for anticipatory bail of the petitioners is allowed.

Accordingly, I direct that in the event of arrest, the petitioners be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs. 10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the investigating officer/arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Accordingly, CRM (A) 26 of 2026 is allowed.

As the investigation of the case is in progress, petitioner shall meet with the investigating officer of the case once in a week till the charge-sheet is submitted before the jurisdictional Special Court.

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

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

(Tirthankar Ghosh, J.)