Jahangir Sk and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Jahangir Sk and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release of both petitioners on bail upon 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 Judge, 2nd Court, Berhampore, Murshidabad, subject to physical presence on every date fixed by the learned Trial Court and a bar on leaving the District of Murshidabad without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioners should be released on bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of the Code of Criminal Procedure, 1973 in connection with Raninagar Police Station Case No. 571/2025 under Sections 21(c)/29 of the NDPS Act, 1985.

Court's answer

The Court was inclined to release the petitioners on bail having regard to the quantum of seizure and the fact that they had been detained for more than 5 and a half months.

Ratio / Principle

The Court further took into account that some time would be consumed in completing the 12 witnesses cited by the prosecution, and accordingly inclined to release the petitioners on bail.

Key takeaways

The petitioners were directed to furnish 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 NDPS Act cum Learned Additional District Judge, 2nd Court, Berhampore, Murshidabad.ratio¶14
As a condition of bail, the petitioners must be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of the District of Murshidabad without the prior permission of the learned Special Court.ratio¶15

Detailed headnote1 paragraphs

Bail allowed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 / Section 439 of the Code of Criminal Procedure, 1973 to the two petitioners (Jahangir Sk. and Tapan Sk. @ Tapan Sekh) in Raninagar Police Station Case No. 571/2025 dated 26.08.2025 under Sections 21(c)/29 of the NDPS Act, 1985, relating to recovery of 178 bottles of Phensedyl from their joint possession. Bail granted having regard to the quantum of seizure, detention exceeding 5 and a half months, charge already framed, and the time required to complete 12 prosecution witnesses. Conditions: bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local), to the satisfaction of the Learned Judge, Special Court under NDPS Act cum Learned Additional District Judge, 2nd Court, Berhampore, Murshidabad; physical presence on every trial date; no departure from the District of Murshidabad without prior permission of the learned Special Court. (Tirthankar Ghosh, J.)

11.02.2026 Court No.35. D/L. 190. Kausik (Allowed)

CRM (NDPS) 239 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 Raninagar Police Station Case No. 571/2025 dated 26.08.2025 under Sections 21(c)/29 of the NDPS Act, 1985.

And

In the matter of : Jahangir Sk. & Anr.

……Petitioners.

Mr. Tapodip Gupta Mr. Suman Bhanja ……for the Petitioner.

Mr. Madhusudan Sur Mr. Sharequl Haque

……for the State.

Learned advocate appearing for the petitioners submits

that petitioners are in custody for 5 and a half months and the subject matter of the case relates to 178 bottles of Phensedyl being recovered from the joint possession of the petitioners.

Learned advocate for the State opposes the prayer for bail and submits that charge has already been framed. Having regard to the quantum of seizure and the fact that the petitioners are detained for more than 5 and a half months and some time would be consumed for completing 12 witnesses cited by the prosecution, I am inclined to release the petitioners on bail.

2

Petitioners, namely, (1) Jahangir Sk. , (2) Tapan Sk. @ Tapan Sekh 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 Judge, 2^nd Court, Berhampore, Murshidabad.

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 Murshidabad without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) 239 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.)