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

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

What the court decided

AI extract

Outcome

Release of petitioner Sahinur Ali on bail upon furnishing bond of Rs. 20,000 with two sureties of Rs. 10,000 each (one surety local), to the satisfaction of the Learned Judge, Special Court, 3rd Court, under NDPS Act, Malda, subject to conditions of physical presence before the Trial Court on every date and no departure from the district of Malda without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioner Sahinur Ali, arraigned for offences under Sections 21(c)/27A/29 of the NDPS Act in PTN Case No. 1935 of 2025 (Kaliachak P.S. Case No. 2021 of 2025), should be released on bail under Section 483 of the BNSS, 2023. +1 more

Court's answer

The prayer for bail of the petitioner is allowed; 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 Learned Judge, Special Court, 3rd Court, under NDPS Act, Malda.

Ratio / Principle

Having considered the judgment in Sentu Seikh v. State of West Bengal (SLP (Crl.) No. 13987 of 2025) and the time which will be consumed for taking the trial to its logical conclusion, the Court was inclined to release the petitioner on bail.

Key takeaways

Bail is conditional: if on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of Malda without prior permission of the learned Special Court.ratio¶¶16

Detailed headnote1 paragraphs

Bail under Section 483 BNSS, 2023 granted in NDPS case (Sections 21(c)/27A/29, NDPS Act) arising out of Kaliachak P.S. Case No. 2021 of 2025 (PTN Case No. 1935 of 2025). Initial recovery of 1 kg of substance had tested negative in the chemical examiner's test; a subsequent recovery of 383 gms of brown sugar showed diacetylmorphine and 6-monoacetylmorphine. Petitioner in custody for about 200 days; charge-sheet filed; prosecution relies on 14 witnesses. State opposed bail alleging commercial quantity of contraband. Considering Sentu Seikh v. State of West Bengal (SLP (Crl.) No. 13987 of 2025) and the time the trial would consume, the Court allowed bail on a bond of Rs. 20,000 with two sureties of Rs. 10,000 each (one local), conditioned on the petitioner's physical presence on every trial date and no exit from the district of Malda without prior permission of the learned Special Court.

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D/L 280

03.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE

C.R.M (NDPS) 1318 of 2026

Sahinur Ali Vs The State of West Bengal

In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with PTN Case No. 1935 of 2025 arising out of Kaliachak Police Station Case No. 2021 of 2025 dated 10.12.2025 , under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And

In the matter of : Sahinur Ali

Mr. Md. Wasim Akram Mr. Kalidas Saha Mr. Saswata Chatterjee

……Petitioner. …for the Petitioner
…for the State

Learned Advocate appearing for the petitioner submits that initially 1 kg of substance was recovered which did not lead to any positive result in the chemical examiner’s test. Subsequent there was a recovery of 383 gms of brown sugar wherein the chemical examiner’s report reflected diacetylmorphine and 6-monoacetylmorphine. Petitioner is in custody for 200 days. Charge-sheet has already been submitted and the prosecution has relied upon 14 witnesses.

Learned Advocate appearing for the State opposes the prayer for bail and submits that commercial quantity of contraband has been seized.

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Having considered the judgment of [Sentu Seikh-VsState of West Bengal [SLP (Crl.) No. 13987 of 2025] and the time which will be consumed for taking the trial to its logical conclusion I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Sahinur Ali shall 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 Learned Judge, Special Court, 3^rd Court, under NDPS Act, Malda.

If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of Malda without prior permission of the learned Special Court.

Accordingly, C.R.M (NDPS) 1318 of 2026 is allowed .

All parties shall act in terms of server copy of the order

downloaded from the Official website of this Court.

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

(Tirthankar Ghosh, J.)