Chhamad Sk @ Md. Samad Sekh and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Chhamad Sk @ Md. Samad Sekh and Anr. 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 a bond of Rs.10,000/- each with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to the conditions of Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 and further conditions — cooperation with investigation, meeting the investigating officer once a week till submission of report in final form, surrender before the jurisdictional court and prayer for bail within four weeks, and no threatening or intimidating of witnesses.

Issue for consideration

Whether the petitioners qualify for anticipatory bail under Section 482 of the BNSS, 2023 notwithstanding the restrictions imposed by Section 37 of the NDPS Act.

Court's answer

The petitioners were able to rebut the restrictions contained in Section 37 of the NDPS Act.

Ratio / Principle

Considering the materials available in the case diary, custodial interrogation of the petitioners was not required, and anticipatory bail was granted.

Detailed headnote1 paragraphs

Order of Jay Sengupta, J. dated March 9, 2026 in CRM(A) 529 of 2026 granting anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 to Chhamad Sk @ Md. Samad Sekh and another in connection with Jalangi P.S. Case No.550 of 2025 dated 17.10.2025 (Sections 20(b)(ii)(c)/29, NDPS Act, 1985). Counsel for the petitioners submitted that the only material against them was a co-accused's statement, and that petitioner No.1 was implicated after obtaining anticipatory bail in Jalangi Police Station Case No.39 of 2025; counsel for the State acknowledged that, apart from that pending antecedent, there was no other criminal antecedent, money trail or phone-call record implicating the petitioners. Holding that the petitioners had rebutted the restrictions of Section 37 of the NDPS Act and that custodial interrogation was unnecessary on the case diary, the Justice released the petitioners on arrest on a bond of Rs.10,000/- each with two sureties of like amount (one local), under the Section 438(2) CrPC / Section 482(2) BNSS regime, with further conditions of cooperation with investigation, weekly meetings with the investigating officer till final report, surrender before the jurisdictional court within four weeks, and non-intimidation of witnesses.

AD 47 March 9, 2026 Ct. 28 SG CRM(A) 529 of 2026 Allowed An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jalangi P.S. Case No.550 of 2025 dated 17.10.2025 under Sections 20(b)(ii)(c)/29 of the NDPS Act, 1985. And In the matter of: Chhamad Sk @ Md. Samad Sekh and another … petitioners Mr. Amanul Islam Mr. Sourav Mukherjee Mr. Raja Das … for the petitioners Mr. Partha Pratim Das Mr. S.S. Saha … for the State

Report filed by the State is taken on record.

Copy of the order dated 21.08.2025 passed by this Court in CRM(A) 2646 of 2025, as filed by the petitioners, is also taken on record.

Learned counsel for the petitioners submits that the only material available against the petitioners is the statement of a co-accused which is inadmissible in evidence. The petitioner No.1 was implicated in the instant case after he was granted anticipatory bail in Jalangi Police Station Case No.39 of 2025 by this Court.

Learned counsel for the State opposes the prayer for anticipatory bail, refers to the said Jalangi Police Station Case No.39 of 2025 as one criminal antecedent pending against the present petitioner No.1. Otherwise, there are no

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other criminal antecedent or money trail and phone call conversation to implicate the present petitioners.

In view of the above, the petitioners have been able to rebut the restrictions contained in Section 37 of the NDPS Act and considering the materials available in the case diary, I do not think that custodial interrogation of the petitioners is required in this case and I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) each 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 the further conditions that the petitioners shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form, shall surrender before the jurisdictional court and pray for bail within four weeks from this date and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

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

(Jay Sengupta, J.)

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