Selim Sk @ Selim Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Selim Sk @ Selim Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release on bail subject to furnishing a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one surety to be local, to the satisfaction of the Learned Judge, Special Court under NDPS Act cum Learned Additional District and Sessions Judge, 4th Court, Malda); petitioner to be physically present on each and every date fixed by the learned Trial Court and not to leave the jurisdiction of the District of Malda without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioner, shown arrested and implicated on the basis of the statement of the principal accused with no recovery effected from his possession, is entitled to be released on bail. +1 more

Court's answer

Considering that the only material left against the petitioner is the statement of the co-accused, the Court was inclined to release the petitioner on bail.

Ratio / Principle

The prayer for bail of the petitioner is allowed.

Key takeaways

The Court recorded its inability to satisfy itself as to how the CDR would be placed before the learned Trial Court, since the charge sheets do not reflect any adherence to the provisions of law; the point was left unresolved rather than decided.obiter¶13

Detailed headnote1 paragraphs

Single-judge bail order under Section 483 BNSS, 2023 / Section 439 CrPC, 1973 in respect of Baishnabnagar Police Station Case No. 1190 of 2024 dated 29.10.2024 (NDPS Act, 1985, Sections 21(c)/27A/29). Petitioner Selim Sk. @ Selim, in custody since arrest on 27.08.2025, had no recovery effected from his possession and was implicated on the statement of the principal accused; the State opposed bail citing adverse statements and CDR. The Court noted it could not satisfy itself how the CDR would reach the Trial Court as the charge sheets showed no adherence to the provisions of law, and, treating the only remaining material as the co-accused's statement, granted bail on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local), imposing conditions of presence on all trial-court dates and no departure from Malda district without Special Court permission.

11.02.2026 Court No.35. D/L. 185. Kausik (Allowed)

CRM (NDPS) 234 of 2026

In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Baishnabnagar Police Station Case No. 1190 of 2024 dated 29.10.2024 under Sections 21(c)/27A/29 of the NDPS Act, 1985. And

In the matter of : Selim Sk. @ Selim

……Petitioner.

Mr. Md. Wasim Akram

……for the Petitioner.

Mr. Saryati Dutta Ms. Puja Goswami

……for the State.

Learned advocate appearing for the petitioner submits

that the petitioner was shown arrested on 27^th August, 2025 and since then he is in custody. Petitioner has been shown arrested and implicated on the basis of the statement of the principal accused. There has been no recovery from the possession of the petitioner.

Learned advocate for the State opposes the prayer for bail and submits that there are statements against the present petitioner. Call data records are there.

I am unable to satisfy myself as to how the CDR would be placed before the learned Trial Court as the charge sheets do not reflect any adherence to the provisions of law.

2

Considering the only material left being the statement of the co-accused I am inclined to release the petitioner on bail.

Accordingly, the prayer for bail of the petitioner is allowed.

Accordingly, Petitioner, namely, Selim Sk. @ Selim shall furnish 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 under NDPS Act cum Learned Additional District and Sessions Judge, 4^th Court, Malda.

If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) 234 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.)