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

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

What the court decided

AI extract

Outcome

Bail granted to Jakir Sk on a personal bond of Rs. 20,000 with two sureties of Rs. 10,000 each (one local), subject to conditions: physical presence before the trial Court on every date; no leaving the jurisdiction of Murshidabad district without prior permission of the learned Special Court; and weekly meeting with the investigating officer (or an officer deputed by the Inspector-in-Charge/Officer-in-Charge, Jalangi Police Station) till the stage of consideration of charges is over.

Issue for consideration

Whether the petitioner, in custody for 193 days on accusations of recovery of 46 bottles of phensedyl (offences under Sections 21(c)/29 NDPS Act, Jalangi Police Station Case No. 353 of 2025), should be released on bail under Section 439 CrPC / Section 483 BNSS despite Case Diary materials reflecting his complicity and an absconding co-accused.

Court's answer

Bail allowed: although Case Diary materials reflect the petitioner's complicity and recovery of 46 bottles of phensedyl was effected from him, having regard to his detention exceeding six months, he may be released on bail on stringent conditions.

Ratio / Principle

Release ordered on 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 learned Additional Sessions Judge, 5th Court, Murshidabad.

Key takeaways

Bail condition: the petitioner shall be physically present on each and every date before the learned trial Court seized of the case.ratio¶15
Bail condition: the petitioner shall not leave the jurisdiction of the district of Murshidabad without the prior permission of the learned Special Court.ratio¶15
Bail condition: the petitioner shall meet the investigating officer, or any officer deputed by the Inspector-in-Charge or Officer-in-Charge of Jalangi Police Station, once a week till the stage of consideration of charges is over.

Detailed headnote1 paragraphs

Bail granted under Section 439 CrPC / Section 483 BNSS to an accused (Jakir Sk) in Jalangi Police Station Case No. 353 of 2025 dated 07.07.2025 under Sections 21(c)/29 of the NDPS Act, 1985. Although Case Diary materials reflected the petitioner's complicity and recovery of 46 bottles of phensedyl was effected from him, with 14 prosecution witnesses listed and one co-accused absconding (processes issued for tracing him out), the Court allowed bail solely on the ground that the petitioner had been detained for more than six months (193 days in custody). Release was ordered on a personal 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 Sessions Judge, 5th Court, Murshidabad, subject to stringent conditions: (i) physical presence before the trial Court on each and every date; (ii) no departure from the jurisdiction of Murshidabad district without prior permission of the learned Special Court; and (iii) weekly meeting with the investigating officer or an officer deputed by the Inspector-in-Charge/Officer-in-Charge of Jalangi Police Station till the stage of consideration of charges is over. (Tirthankar Ghosh, J.; order dated 20.01.2026.)

20.01.2026 Court No.35. D/L.07. Rakib (Allowed)

CRM (NDPS) 55 of 2026

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 Jalangi Police Station case no. 353 of 2025 dated 07.07.2025 under Sections 21(c)/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And

In the matter of : Jakir Sk

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

Mr. Jisan Iqubal Hossain

Mr. Suman De Ms. Puja Goswami

Learned advocate appearing for the petitioner submits that petitioner has been detained on the accusations of recovery of 46 bottles of phensedyl. Petitioner is in custody for 193 days.

Learned advocate for the State opposes the prayer for bail and submits that one accused person is absconding.

I have taken into account materials appearing in the Case Diary which do reflect the complicity of the present petitioner from whom recovery of 46 bottles of phensedyl has been effected. There are 14 witnesses on whom prosecution intends to rely upon. Processes have been issued for tracing out the absconding accused.

However, having regard to the period of detention of the present petitioner which is more than six months, I am of the view that the petitioner may be released on bail on stringent conditions. Accordingly, the prayer for bail of the petitioner is allowed.

2

As such, petitioner namely, Jakir Sk shall be released on bail upon furnishing 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 the learned Judge, Special Court under NDPS Act cum learned Additional Sessions Judge, 5^th Court, Murshidabad.

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

The petitioner shall meet with the investigating officer or any officer deputed by the Inspector-in-Charge or Officer-in-Charge of Jalangi Police Station once in a week till the stage of consideration of charges is over.

Accordingly, the application for bail being CRM (NDPS) No.

55 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.)