MD Azad Ali Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

MD Azad Ali Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Application for anticipatory bail allowed; upon arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, co-operation with investigation, non-intimidation of witnesses, and fortnightly meetings with the I.O. till submission of report in final form.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail under Section 482 of the BNSS in Lalgola Police Station Case No. 1103 of 2025 (Sections 21(C)/29 NDPS Act), i.e., whether he can rebut the statutory restriction contained in Section 37 of the NDPS Act.

Court's answer

The petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and, considering the materials available in the case diary, the Court is inclined to grant anticipatory bail.

Ratio / Principle

Anticipatory bail granted: in the event of arrest, the petitioner is to be released on bail on furnishing 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(2) CrPC conditions corresponding to Section 482(2) BNSS, and further to co-operate with the investigation, not threaten or intimidate witnesses, and meet the I.O. once a fortnight till submission of report in final form.

Detailed headnote1 paragraphs

Anticipatory bail – Section 482, Bharatiya Suraksha Nagarik Sanhita – NDPS Act, Sections 21(C)/29 – Lalgola Police Station Case No. 1103 of 2025. The Court held that the petitioner had been able to rebut the restriction contained in Section 37 of the NDPS Act and, considering the materials in the case diary, granted anticipatory bail. Counsel for the petitioner submitted that apart from a co-accused's statement there was no incriminating material, and that the petitioner had acquittals in three earlier trial-court cases and release by this Court in another; State counsel acknowledged absence of any money trail or phone-call record implicating the petitioner. Bail ordered on 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(2) CrPC, 1973 conditions corresponding to Section 482(2) BNSS, 2023, with further conditions of co-operation with the investigation, no threatening or intimidation of witnesses, and meeting the I.O. once a fortnight till submission of report in final form. (Jay Sengupta, J.)

18.02.2026 Court No.28 Item No.39 ssi

CRM (A) 386 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Suraksha Nagarik Sanhita in connection with Lalgola Police Station Case No. 1103 of 2025 dated 30.12.2025 under Sections 21 ( C)/ 29 of the NDPS Act .

And In the matter of: Md. Azad Ali. …. Petitioner. Mr. Soumyajit Das Mahapatra Ms. Rupsa Sreemani Ms. Madhurai Sinha …for the petitioner Mr. Bibaswan Bhattacharya Ms. Dhanashree Biswas

..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 incriminating material available against the present petitioner. He submits that the petitioner is being falsely implicated in cases because of influence of someone very powerful. In three earlier cases, the petitioner got acquittal from the trial Court. In one case, he was released by this Court. The present one is the only other case pending under the NDPS Case.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He submits that other than these cases, this is another case registered against the petitioner, although not involving offences under the NDPS Act. However, there are no money trail or phone call record to implicate the present petitioner. Other

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than the statement of the co-accused, there is no other material, as of now, available against the present petitioner.

In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

Accordingly, the application for anticipatory bail of the petitioner is allowed.

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 the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a fortnight till submission of report in final form.

(Jay Sengupta, J.)