Alimul Ali Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Alimul Ali 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, petitioner Alimul Ali to be released on bail on furnishing bond of Rs.20,000/- with two sureties of like amount each, to the satisfaction of the arresting officer, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to meeting the investigating officer once a week till submission of charge sheet; petitioner to appear before the jurisdictional Court and pray for regular bail within two weeks from date; case diary to be returned.

Issue for consideration

Whether the petitioner is entitled to anticipatory bail despite the statutory restriction under Section 37 of the NDPS Act, given that no narcotic substance was recovered from him and his name transpired from the statement of a co-accused.

Court's answer

Since no narcotic substance was recovered from the petitioner and his name transpired from the statement of the co-accused, the petitioner has rebutted the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner Alimul Ali is to be released on bail on furnishing a bond of Rs.20,000/- with two sureties of like amount each, to the satisfaction of the arresting officer, subject to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the condition that he meets the investigating officer once a week till submission of the charge sheet, and he must appear before the jurisdictional Court and pray for regular bail within two weeks.

Detailed headnote1 paragraphs

Anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed in connection with Sahebganj Police Station Case No. 579 of 2025 dated 28.09.2025 under Sections 21(c)/25/29 of the NDPS Act. No narcotic substance was recovered from the petitioner and his name transpired from the statement of a co-accused; the Court held that he had rebutted the statutory restriction under Section 37 of the NDPS Act and was entitled to anticipatory bail. Release ordered on a bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer, subject to Section 482(2) of the BNSS, 2023 and the condition of meeting the investigating officer once a week till submission of the charge sheet; petitioner directed to appear before the jurisdictional Court and pray for regular bail within two weeks. Case diary ordered returned.

13.02.2026 Item No.16 Ct.No.05

b.das Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M. (A) 57 of 2026

In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 579 of 2025 dated 28.09.2025 under Sections 21(c)/25/29 of the NDPS Act.

And

In Re : Alimul Ali ... Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das ... for the Petitioner Mr. Nilay Chakraborty Mr. Tapan Bhattacharjee ... for the State

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that no narcotic substance was recovered from the petitioner and his name has transpired from the statement of the co accused.

Learned counsel for the State opposes the prayer.

I have considered the material on record.

In view of the fact that no narcotic substance was recovered from the petitioner and his name has transpired from the statement of co accused, this Court is inclined to hold that the petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Accordingly, in the event of arrest, the petitioner Alimul Ali be released on bail on furnishing bond of Rs.20,000/-

2

(Rupees Twenty Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and subject to further condition that he shall meet the investigating officer once a week till submission of charge sheet.

The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application being CRM (A) 57 of 2026 is disposed

of.

Case Diary be returned.

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

(Suvra Ghosh, J.)