Sayeruddin Mujauddin @ Sayeruddin Majuddin Vs the State of… — Narcotics (NDPS) | Calcutta HC (2026)

Sayeruddin Mujauddin @ Sayeruddin Majuddin Vs the State of… — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted: petitioner Sayeruddin Mujauddin @ Sayeruddin Majuddin to be released on bond of Rs. 30,000 with two sureties of like amount each (one local) to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS Act), Cooch Behar, subject to conditions of residence within trial court jurisdiction, furnishing of address, appearance on every hearing date and abstention from intimidating witnesses or tampering with evidence; trial court empowered to cancel bail on breach without further reference to this Court; case diary to be returned.

Issue for consideration

Whether petitioner Sayeruddin Mujauddin @ Sayeruddin Majuddin, in custody for 172 days in connection with Boxirhat Police Station case no. 349 of 2025 under Sections 20(b)(ii) (B)/29 NDPS Act, is entitled to bail under Section 483 of the BNSS, 2023, given that the seized contraband is below commercial quantity and a co-accused similarly circumstanced has already been granted bail.

Court's answer

It is undisputed that the contraband seized from the custody of the petitioner is below commercial quantity.

Ratio / Principle

A co-accused similarly circumstanced with the petitioner has been granted bail earlier, and the petitioner deserves the same benefit.

Key takeaways

The prayer for bail is allowed: the petitioner is to be released on bail upon furnishing a bond of Rs. 30,000 with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS Act), Cooch Behar.ratio¶14
Release is conditional: the petitioner shall remain within the jurisdiction of the trial court, furnish his address to the trial court, Investigating Officer and Officer-in-Charge, appear on every date of hearing, and shall not intimidate witnesses or tamper with evidence; on breach without justifiable cause the trial court may cancel the bail without further reference to this Court.ratio¶17

Detailed headnote1 paragraphs

Bail granted under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Calcutta High Court, Jalpaiguri Circuit Bench, Suvra Ghosh, J., 11 February 2026) to an accused in custody for 172 days in Boxirhat Police Station case no. 349 of 2025 under Sections 20(b)(ii) (B)/29 of the NDPS Act. Grounds: seizure below commercial quantity (undisputed) and parity with a co-accused similarly circumstanced who had already been released on bail. Release ordered on a bond of Rs. 30,000 with two like sureties (one local), subject to conditions of residence, furnishing of address, attendance at every hearing and non-tampering with evidence/witnesses, with liberty to the trial court to cancel bail for breach without further reference.

February 11, 2026 16 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

CRM (NDPS) 531 of 2025

In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Boxirhat Police Station case no. 349 of 2025 dated 22/8/2025 under Sections 20(b)(ii) (B)/29 of the NDPS Act.

And

In Re : Sayeruddin Mujauddin @ Sayeruddin Majuddin

... Petitioner

Adv. Hillol Saha Poddar, Adv. Mousumi Das, Adv. Aditi Shankar Chakraborty, Adv. Dr. Arjun Chowdhury,

... for the Petitioner.

…for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for 172 days and prays for bail. Charge sheet has been submitted.

It is not in dispute that the contraband seized from the custody of the petitioner is below commercial quantity. Co accused similarly circumstanced with the petitioner has been granted bail earlier. The petitioner deserves the same benefit.

Accordingly, the prayer for bail is allowed.

The petitioner namely Sayeruddin Mujauddin @ Sayeruddin Majuddin be released on bail upon furnishing bond of Rs.30,000/(Rupees Thirty thousand only), with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Additional Sessions Judge, 1^st Court (NDPS Act), Cooch Behar subject to condition

2

that he shall remain within the jurisdiction of the learned trial Court and shall furnish the address where he shall presently reside before the learned trial Court, Investigating officer and the Officer in charge of the police station under who jurisdiction he shall presently reside. The petitioner shall appear before the learned trial Court on every date of hearing. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (NDPS) 531 of 2025 is thus disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

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

(Suvra Ghosh, J.)