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

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

What the court decided

AI extract

Outcome

Petitioner Selim Ostagar to be 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 Additional Sessions Judge, 8th Court, Barasat, 24 Parganas ( North); subject to physical presence on each and every date fixed by the learned trial court and no departure from the jurisdiction of 24 Parganas (North) without permission of the learned special court.

Issue for consideration

Whether the petitioner, in custody for 1 year 10 days in a case under Sections 21(c)/29 NDPS Act involving alleged recovery of 10 litres of codeine mixture/cough syrup, should be released on bail under Section 483 BNSS.

Court's answer

Considering the period of detention of the petitioner (1 year 10 days), the Court held that further detention of the petitioner was unwarranted and allowed the prayer for bail.

Ratio / Principle

Release on bail was made subject to conditions, including physical presence of the petitioner on each and every date fixed by the learned trial court and a bar on leaving the jurisdiction of the district of 24 Parganas (North) without permission of the learned special court.

Detailed headnote1 paragraphs

Bail under Section 483 BNSS granted to the accused in an NDPS case (Sections 21(c)/29, Narcotic Drugs and Psychotropic Substances Act, 1985) arising out of Basirhat Police Station Case No.20 of 2025 dated 09.01.2025, involving alleged recovery of 10 litres of codeine mixture/cough syrup. The petitioner had been detained for 1 year 10 days and the charge-sheet stood submitted with the trial yet to cross the stage of consideration of charges. Holding further detention unwarranted, the Court allowed bail on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), to the satisfaction of the learned Additional Sessions Judge, 8th Court, Barasat, 24 Parganas (North), conditioned on the petitioner's physical presence on every trial date and non-departure from the district's jurisdiction without permission of the learned special court.

D/L42 19.01.2026 Bpg.

Allowed

C.R.M. (NDPS) 41 of 2026

In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Basirhat Police Station Case No.20 of 2025 dated 09.01.2025 under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Selim Ostagar Versus The State of West Bengal Mr. Mazahar Hossain Chowdhury. …for the petitioner.

Mr. Saryati Dutta Ms. Sanjida Sultana. …for the State.

Learned advocate for the petitioner submits that the petitioner was implicated for alleged recovery of 10 litres of codeine mixture/cough syrup from his possession and he is detained in custody for 1 year 10 days.

Learned advocate for the State opposes the prayer for bail and submits that charge-sheet has already been submitted and all efforts have been exerted to overcome the stage of consideration of charges.

Having considered the period of detention of the present petitioner, I am of the opinion that further detention of the petitioner is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Selim Ostagar shall be released on

2

bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Additional Sessions Judge, 8^th Court, Barasat, 24 Parganas (North). If on bail, the petitioner shall be physically present on each and every date fixed by the learned trial court and shall not leave the jurisdiction of the district of 24 Parganas (North) without the permission of the learned special court.

Accordingly, CRM (NDPS) 41 of 2026 is allowed.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)