Calcutta High Court
CRM (NDPS)/2149/2026 of HAYAT SK Vs STATE OF WEST BENGAL on 9 October 2026
no. 60 [G.S.Das] Assistant Registrar (Court) CRM (NDPS) 2149 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliachak PS Cse No. 324 of 2026 dated 07.03.2026 u/s 21(c)/25/27A and 29 of the
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
09.10.2026 Serial no. 60 [G.S.Das] Assistant Registrar (Court)
CRM (NDPS) 2149 of 2026
In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Kaliachak PS Cse No. 324 of 2026 dated 07.03.2026 u/s 21(c)/25/27A and 29 of the NDPSAct.
-And-
In the matter of : Hayat Sk
… Petitioner(s)
Mr. S. Mondal Mr. M. Saha
… for the Petitioner(s)
Mr. Brajesh Jha, APP Mr. Suman Agarwal Mr. Neel Chakraborty
… for the State-respondent(s)
Learned advocate for the petitioner submits that initially there was recovery of 442 gm of brown sugar from the present petitioner. Subsequently, from the other accused person, there has been seizure of 301 gm of brown sugar. The petitioner is in custody since 7th March, 2026, i.e., for a period of more than seven months. The petitioner emphasizes on the factum that the judgment of Sentu Sk is applicable in the present case. State opposes the prayer for bail in view of the quantum of seizure of contraband. So far as the Judgment of Sentu Sk is concerned, the observations made therein was for the purpose of bail in the said case and the merits have been left open for consideration. Consequently, the said principles were applicable to the facts of the said case and there is no uniform application of the ratio in all cases. Having regard to the quantum of seizure in the present case, I am of the opinion that the rigors of section 37 of the NDPS Act are attracted. Hence, the prayer for bail of the petitioner is Rejected. Accordingly, CRM (NDPS)
of is dismissed. Pending application(s), if any, is also disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)