Niharul Islam @ Nahirul Islam Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Niharul Islam @ Nahirul Islam Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Niharul Islam @ Nahirul Islam on furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one surety local), subject to conditions of physical presence before the Special Court on every fixed date and non-departure from Nadia district without prior permission; the bail application disposed of.

Issue for consideration

Whether the petitioner, in custody for 84 days in connection with Kotwali Police Station Case No. 1256 of 2025 under Sections 21(b)/29 NDPS Act (intermediate quantity of heroin, charge-sheet filed, alleged absence of videography by the investigating agency), should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Having regard to the quantum of seizure of contraband in the present case and the period of detention of the petitioner, further incarceration of the petitioner in connection with the instant case is unwarranted.

Ratio / Principle

The prayer for bail of the petitioner is allowed; the petitioner is to be released on bail on 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 under the NDPS Act, Nadia at Krishnagar.

Key takeaways

Bail is subject to conditions: the petitioner shall be physically present on each and every date fixed by the learned Special Court and shall not leave the jurisdiction of the district of Nadia without prior permission of the learned Special Court.ratio¶13

Detailed headnote1 paragraphs

Bail — Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — Offence under Sections 21(b)/29, Narcotic Drugs and Psychotropic Substances Act, 1985 (Kotwali Police Station Case No. 1256 of 2025) — Intermediate quantity of heroin recovered from petitioner's custody — Custody of 84 days — Charge-sheet submitted — Allegation of no videography by investigating agency — Held, having regard to quantum of seizure and period of detention, further incarceration unwarranted; bail allowed on bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one surety local, before the Special Court under the NDPS Act, Nadia at Krishnagar — Conditions: petitioner to be physically present on every date fixed and not to leave Nadia district without prior permission of the Special Court. (Tirthankar Ghosh, J.; paras 6-13)

06.02.2026 Item No.33 Ct.No.35 dc. Allowed

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M. (NDPS) 200 of 2026

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kotwali Police Station Case No. 1256 of 2025 dated 15.11.2025 under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Niharul Islam @ Nahirul Islam ... Petitioner. Mr. Md. Sabir Ahmed, Mr. Abdul Aziz Mondal ... For the Petitioner. Mr. Avishek Sinha, Ms. Afreen Begum ... For the State.

Learned advocate appearing for the petitioner submits that intermediate quantity of heroin was recovered from the custody of the present petitioner and the petitioner is in custody for 84 days. Charge-sheet has already been submitted and it has also been alleged that in the present case, there has been no videography by the investigating agency.

Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

Having regard to the quantum of seizure of contraband in the present case and the period of detention of the petitioner, I am of the view that further incarceration of the present petitioner in connection with the instant case is

2

unwarranted. As such, the prayer for bail of the petitioner is

allowed .

Accordingly, the petitioner viz., Niharul Islam @ Nahirul Islam shall be released on bail upon furnishing 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 under the NDPS Act, Nadia at Krishnagar.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Nadia without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 200 of 2026, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)