Allowed¶16

Ismail Sha @ Kalo v. State of West Bengal

Calcutta HC5 Mar 2026CRM (NDPS)/377/2026

Case brief

AI extract

What is this about?

Bail allowed in NDPS Section 21(C) case (Sankrail PS Case 415/2025); alleged recovery of 100 bottles of Wiscof cough syrup; over nine months custody; charges framed, PW1 examination in progress, 11 witnesses cited; trial unlikely to conclude soon; bond Rs. 20,000 with two sureties of Rs. 10,000 each (one local); conditions of appearance before trial court and restriction to Howrah district; CRM (NDPS) 377 of 2026; decided 05.03.2026 by Tirthankar Ghosh, J.

What did the court decide?

Prayer for bail allowed: petitioner Ismail Sha @ Kalo to be released on bail on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local), subject to attending every trial date and not leaving Howrah district without prior permission of the learned Special Court. ¶16

Ismail Sha @ Kalo Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶16

Issue for consideration

Whether the petitioner, in custody for more than nine months in an NDPS Section 21(C) case where charges have been framed and trial (PW1 being examined) shows no possibility of concluding in the near future, should be released on bail.

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Court's answer

Because the trial showed no possibility of concluding in the near future despite charges having been framed, the Court was inclined to release the petitioner on bail and allowed the prayer for bail.

¶11

Ratio / Principle

The petitioner Ismail Sha @ Kalo was ordered released on bail upon 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 NDPS Act cum Additional District Judge, 3rd Court, Howrah.

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Key takeaways

Bail was made subject to conditions that the petitioner remain physically present on every date fixed before the learned trial Court seized of the case and not leave the jurisdiction of the district of Howrah without prior permission of the learned Special Court.ratio¶15

Detailed headnote1 paragraphs

Bail under Section 439 CrPC read with Section 483 BNSS in a case under Section 21(C) NDPS Act (Sankrail Police Station case no. 415 of 2025) alleging recovery of 100 bottles of Wiscof cough syrup. Petitioner in custody for more than nine months; charges framed; prosecution citing 11 witnesses; PW1 examination in progress. Holding that there was no possibility of the trial concluding in the near future, the Court released the petitioner on bail on a bond of Rs. 20,000/- with two sureties of Rs. 10,000/- each (one local) before the Special Court under NDPS Act cum Additional District Judge, 3rd Court, Howrah, conditioned on attendance on every trial date and on not leaving Howrah district without prior permission of the learned Special Court.

¶1

05.03.2026 Court No.35. D/L.51 Rakib (Allowed)

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CRM (NDPS) 377 of 2026

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In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sankrail Police Station case no. 415 of 2025 dated 16.05.2025 under Sections 21(C) of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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And

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In the matter of : Ismail Sha @ Kalo.

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Mr. Wasim Akram Ms. Sabrina Parveen Mr. Md. Adil Badr Ms. Rita Dutta

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……Petitioner. ……for the Petitioner. ……for the State.

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Learned advocate for the petitioner submits that there has been alleged recovery for 100 bottles of Wiscof cough syrup from the possession of the petitioner and the petitioner is in custody for more than nine months.

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Learned advocate for the State opposes the prayer for bail.

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Records of the case reflect that prosecution has relied upon 11 witnesses to prove its case and the present stage of the case reflects that charges have been framed and witness action has commenced with examination of PW1 is in progress.

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As there has been no possibility of the trial concluding in near future, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

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Accordingly, petitioner namely, Ismail Sha @ Kalo shall be released on bail upon furnishing bond of Rs. 20,000/- (Rupees

¶13

¶14

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 the learned Judge, Special Court under NDPS Act cum Additional District Judge, 3^rd Court, Howrah.

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If on bail, the petitioner shall be physically present on each and every date fixed before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of Howrah without the prior permission of the learned Special Court.

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Thus, the prayer for bail in CRM (NDPS) 377 of 2026 is allowed.

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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.

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(Tirthankar Ghosh, J.)

Ismail Sha @ Kalo v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Ismail Sha @ Kalo v. State of West Bengal

Case brief

What is this about?

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What the court decided

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