Disposed¶21

The State of West Bengal v. Khairul Sk @Patai and Ors.

Calcutta HC5 Mar 2026CRM (NDPS)/2091/2023

Case brief

AI extract

What is this about?

Cancellation of bail; Section 439(2) CrPC; Section 50 NDPS Act compliance at search; bail granted 05.07.2023; no supervening circumstances; belated stage after 2.5 years; Section 50 issue a matter of trial; Trial Court to consider bail order independently at end of trial; accused free to cross-examine on search and seizure; State of West Bengal v. Khairul Sk. @ Patai & Ors.; CRM (NDPS) 2091 of 2023; Tirthankar Ghosh, J.

What did the court decide?

Cancellation of bail refused; the bail order dated 05.07.2023 left undisturbed, with the Section 50 NDPS Act question left as a matter of trial and the Special Court to consider the facts at the end of the trial ¶21

The State of West Bengal Vs Khairul Sk @Patai and Ors. — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶21

Issue for consideration

Whether the bail granted to the accused/opposite party on 05.07.2023 ought to be cancelled in the State's application under Section 439(2) of the Code of Criminal Procedure, 1973. +1 more

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Court's answer

The Court declined to interfere with the order granting bail: at the belated stage, with more than two and a half years passed since release and no further supervening circumstances, the bail order dated 05.07.2023 was left undisturbed.

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Ratio / Principle

The question of compliance with Section 50 of the NDPS Act is a matter of trial; the observations in the order dated 05.07.2023 are restricted to the grant of bail, and the learned Trial Court will independently consider the order of bail at the end of the trial without being influenced by any observations in it.

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Key takeaways

The prosecution remains free to adduce evidence, controvert the accused's contentions reflected in the order dated 05.07.2023 and prove its case from available materials, while the accused is at liberty to cross-examine on each and every fact relating to the search and seizure; the learned Special Court will take these facts and circumstances into consideration at the end of the trial.ratio¶18

Detailed headnote1 paragraphs

Cancellation of bail under S.439(2) CrPC in an NDPS matter — State sought cancellation of bail granted on 05.07.2023, emphasising compliance with S.50 NDPS Act at the search — held, more than two and a half years had passed since release and no supervening circumstances were shown, so the Court was not inclined to interfere with the bail order at the belated stage — the question of S.50 NDPS Act compliance is a matter of trial; observations in the bail order are restricted to the grant of bail and the Trial Court will independently consider the matter at the end of the trial without being influenced by them — prosecution free to adduce evidence and accused at liberty to cross-examine on every fact of the search and seizure — application disposed of.

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05.03.2026 Court No.35. M/L. 17. Kausik

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CRM (NDPS) 2091 of 2023

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In Re: An Application for Cancellation of Bail under Section 439(2) of the Code of Criminal Procedure, 1973.

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And

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The State of West Bengal Vs.

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Khairul Sk. @ Patai & Ors.

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Mr. Rudradipta Nandy, Ld. APP.

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Mr. Ranadeb Sengupta

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……for the Petitioner.

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Mr. Sabyasachi Banerjee, Sr. Adv. Mr. Atarul Hoque Molla Ms. Nahid Ahmed

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……for the Opposite Party.

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Learned advocate for the petitioner/State has raised

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issues regarding the manner in which the order dated 05.07.2023 was passed emphasizing on Section 50 of the NDPS Act.

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It is submitted on behalf of the State that, there was compliance of the provisions of Section 50 of the NDPS Act and to that effect option was given to the accused who did not exercise the option and expressed his option for being searched without a gazetted officer.

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Learned advocate appearing for the accused/opposite party submits that the issue has been canvassed and the fact

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remains that bail was granted on 05.07.2023 and there were no supervening circumstances subsequent to the bail having been granted, further, more than 2 and a half years have passed since the petitioner was released on bail. So far as the observations of the issue relating to Section 50 of the NDPS Act is concerned, the same is a matter of trial, as such the observations made in the order dated 05.07.2023 would be restricted to the order granting bail and at the end of the trial, the learned Trial Court would independently consider the order of bail without being influenced by any observations made in the order dated 05.07.2023.

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Prosecution, if it requires to adduce any evidence in support of its case, would be in a position to adduce the evidence, controvert the contentions of the accused which is reflected in the order dated 05.07.2023 and prove its case according to the materials which are available with them. On the other hand, the accused would be at liberty to crossexamine on each and every fact relating to the search and seizure.

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The learned Special Court would at the end of the trial take into consideration the aforesaid facts and circumstances, however, so far as the order relating to bail is concerned, since more than 2 and a half years have passed, at this belated stage, without any further supervening circumstances interfering, I am not inclined to interfere with the order granting bail.

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¶21

With the aforesaid observations CRM (NDPS) 2091 of 2023 is disposed of.

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All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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

¶24

(Tirthankar Ghosh, J.)

The State of West Bengal v. Khairul Sk @Patai and Ors.

Case brief

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The State of West Bengal v. Khairul Sk @Patai and Ors.

Case brief

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What the court decided

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