Saleman Shaikh and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Saleman Shaikh and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Saleman Shaikh, Rehena Bibi and Ali Shaikh upon furnishing bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one surety local), subject to personal appearance on every trial date and restriction against leaving the district of Nadia without prior permission of the learned special court.

Issue for consideration

Whether the petitioners (Saleman Shaikh and others), detained in connection with Kaliganj Police Station Case No. 515 of 2025 under Sections 21(c)/29 of the NDPS Act, 1985, should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Taking into account the period of detention of the petitioners and the evidence which has surfaced, and having regard to the fact that some dilution for the purposes of bail has been made in view of the evidence of CSW 4 and 5, the judge formed the opinion that, without entering into the merits of the case, the petitioners be released on bail.

Ratio / Principle

The prayer for bail of the petitioners is allowed: Saleman Shaikh, Rehena Bibi and Ali Shaikh shall be released on bail upon furnishing a bond of Rs.20,000/- each with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Krishnagar, Nadia.

Key takeaways

Bail conditions imposed: the petitioners shall be physically present on each and every date before the learned trial court and shall not leave the district of Nadia without prior permission of the learned special court.ratio¶19

Detailed headnote1 paragraphs

Bail granted — NDPS (S. 483 BNSS, 2023): Single-judge order (Tirthankar Ghosh, J.) allowing CRM(NDPS) 1532 of 2026, a bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliganj Police Station Case No. 515 of 2025 dated 14.06.2025 under Sections 21(c)/29 of the NDPS Act, 1985, involving an alleged recovery of 980 grams of heroin. Petitioners in custody since June, 2025; independent seizure-list witnesses hostile and trial not yet concluded. Taking into account the period of detention and the evidence surfaced, and noting that 'some dilution for the purposes of bail has been made in view of the evidence of CSW 4 and 5', the court, without entering into the merits, directed release of Saleman Shaikh, Rehena Bibi and Ali Shaikh on bail upon bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one local) before the learned Judge, Special Court under NDPS Act, Krishnagar, Nadia, conditioned on presence at every trial date and non-departure from Nadia district without prior permission of the special court.

D/L111

29.07.2026

Bpg.

Allowed

C.R.M. (NDPS)1532 of 2026

In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliganj Police Station Case No.515 of 2025 dated 14.06.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Saleman Shaikh & Ors. Versus The State of West Bengal

Mr. Sabir Ahmed

Mr. Abdul Aziz Mondal

Mr. Dhiman Banerjee. …for the petitioners.

Mr. Krishnendu Bhattacharya Ms. Tanushree Kar.

…for the State.

Learned advocate appearing for the petitioners submits

that the alleged recovery in the present case is 980 grams of heroin. Petitioners are in custody from June, 2025. The independent seizure list witnesses have become hostile and the prosecution would take some more time to conclude the trial, as such, the petitioners may be released on bail.

Learned Additional Public Prosecutor appearing for the State opposes the prayer for bail.

I have taken into account the period of detention of the present petitioners and the evidence which has surfaced. Having regard to the fact that some dilution for the purposes of bail has been made in view of the evidence of CSW 4 and 5, I am of the

2

opinion that without entering into the merits of the case, petitioners be released on bail.

Accordingly, the prayer for bail of the petitioners is allowed. The petitioners, namely, Saleman Shaikh, Rehena Bibi and Ali Shaikh shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, under NDPS Act, Krishnagar, Nadia. If on bail, the petitioners shall be physically present on each and every date before the learned trial court and shall not leave the district of Nadia without prior permission of the learned special court.

Thus, CRM(NDPS) 1532 of 2026 is allowed.

All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)