Rasidul Hoque Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Rasidul Hoque Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, petitioner Rasidul Hoque 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 conditions under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; petitioner directed 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 notwithstanding the statutory restriction under Section 37 of the NDPS Act. +1 more

Court's answer

The petitioner has rebutted the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Ratio / Principle

There is admittedly no document to substantiate the petitioner's title and possession in respect of the house in question, and the place of seizure stated in the FIR does not refer to the said house.

Detailed headnote1 paragraphs

Anticipatory bail — NDPS Act — S. 37 restriction rebutted — Calcutta High Court, Circuit Bench at Jalpaiguri (Suvra Ghosh, J., 13.02.2026), C.R.M. (A) 59 of 2026: Application under S. 438 CrPC read with S. 482 BNSS 2023 in Sahebganj P.S. Case No. 357 of 2025 (dt. 20.06.2025) under Ss. 20(b)(ii)(c) NDPS Act; charge sheet already submitted. Though the FIR recorded seizure of narcotic substance from the 'house of the petitioner', the Court found admittedly no document substantiating the petitioner's title or possession over the said house, and the place of seizure stated in the FIR did not refer to that house. Held: the petitioner rebutted the statutory restriction under S. 37 NDPS Act and was entitled to anticipatory bail — release on furnishing bond of Rs. 20,000/- with two sureties of like amount each, subject to S. 482(2) BNSS 2023 conditions, with direction to appear before the jurisdictional Court and pray for regular bail within two weeks. Application disposed of; case diary ordered returned.

13.02.2026 Item No.18 Ct.No.05 b.das Allowed

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

C.R.M. (A) 59 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. 357 of 2025 dated 20.06.2025 under Sections 20(b)(ii)(c) of the NDPS Act.

And In Re : Rasidul Hoque ... Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das ... for the Petitioner Mr. A.S. Chakraborty Mr. Aniruddha Biswas ... for the State

Heard learned counsels for the parties.

The petitioner submits that though the FIR says that narcotic substance was recovered from the house of the petitioner, there is no document to substantiate that the house belongs to the petitioner. The place of seizure as stated in the FIR also does not indicate the petitioner’s house.

Learned counsel for the State opposes the prayer and submits that charge sheet has been submitted and there is no document to substantiate the title or possession of the petitioner in respect of the house in question.

I have considered the material on record.

Though it is stated in the FIR that narcotic substance was seized from the house of the petitioner, there is

2

admittedly no document to substantiate the title and possession of the petitioner in respect of the said house. The place of seizure stated in the FIR also does not refer to the said house.

In view of the above, 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 Rasidul Hoque be released on bail on furnishing 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 conditions laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application being CRM (A) 59 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.)