Chabikul Miya @ Puchki Mia @ Chutki @ Safikul Miya Vs the… — Narcotics (NDPS) | Calcutta HC (2026)

Chabikul Miya @ Puchki Mia @ Chutki @ Safikul Miya Vs the… — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Prayer for anticipatory bail allowed: in the event of arrest, release on furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to conditions under Section 438(2) Cr.P.C. and/or Section 482(2) BNSS, 2023; order in force for eight weeks from date; CRM(A) 974 of 2025 disposed of.

Issue for consideration

Whether the petitioner, implicated on the basis of a co-accused's statement after conclusion of investigation and submission of charge-sheet, is entitled to anticipatory bail / whether his further custodial detention is warranted.

Court's answer

Having considered the materials, the Court held that custodial detention of the petitioner is not warranted.

Ratio / Principle

The call data records and bank statement relied upon were found not to fall within the check period, forming part of the basis for the bail decision.

Key takeaways

In the event of arrest, the petitioner is to be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local), to the satisfaction of the arresting officer, subject to the conditions under Section 438(2) Cr.P.C. and/or Section 482(2) BNSS, 2023.ratio¶17
The order of anticipatory bail will remain in force for a period of eight weeks from date.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail (Section 482 BNSS, 2023 / Section 438 Cr.P.C.) allowed by the Calcutta High Court, Circuit Bench at Jalpaiguri (Tirthankar Ghosh, J.) to a petitioner arraigned in Kumargram PS Case No. 104 of 2025 dated 18.05.2025 u/s 21(c)/22(c)/29 NDPS Act (G.R. Case No. 858 of 2025; NDPS Case No. 83 of 2025) on the basis of a co-accused's statement, following recovery of 46 bottles of Eskuf cough syrup from his possession. Charge-sheet already submitted; call data records and bank statement found outside the check period; custodial detention held unwarranted. Bail directed on bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to Section 438(2) Cr.P.C. / Section 482(2) BNSS conditions; order operative for eight weeks from date.

15.01.2026

Serial no. 4 [G.S.D]

CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI

CRM (A) 974 of 2025

In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with NDPS Case No. 83 of 2025 originating from General Register Case No. 858 of 2025 arising out of Kumargram PS Case No. 104 of 2025 dated 18.05.2025 u/s 21(c)/22(c)/29 of the NDPS Act.

-And-

In the matter of : Chabikul Miya @ Puchki Mia @ Chutki @ Safikul Miya

Mr. Arnab Saha Md. Shoaid Akhtar Mr. Nilay Chakraborty, ld. APP Mr. Subhasish Misra

… Petitioner(s) … for the petitioner(s) … for the State-respondent(s)

Learned advocate for the petitioner submits that the petitioner has been implicated in connection with the instant case on the basis of statement of a co-accused and the investigation having been concluded, charge-sheet has been submitted before the learned jurisdictional court, as such, further detention of the petitioner is not warranted.

Learned advocate for the State, on the other hand, opposes the prayer for bail and produces the case diary.

2

The subject-matter of the case relates to 46 bottles of Eskuf cough syrup which were recovered from the possession of the accused/petitioner, pursuant to which, the petitioner has been implicated in connection with the instant case.

The attention of the court has been drawn to the call data records and the bank statement but the same were found to be is not within the check period.

Having considered the same, I am of the view that custodial detention of the present petitioner is not warranted.

Hence, the prayer for anticipatory bail of the petitioner is Allowed.

Accordingly, I direct that in the event of arrest, the petitioner be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the 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.

This order of anticipatory bail will remain in force for a period of eight weeks from date.

Accordingly, CRM(A) 974 of 2025 is disposed of .

3

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)