Calcutta High Court
CRM (NDPS)/1640/2026 of ASHAK @ ASHAK SK@ ESAHAK SK Vs STATE OF WEST BENGAL on 30 September 2026
IN THE HIGH COURT AT CALCUTTA Item No.387 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (NDPS) 1640 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No. 2130 of
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30.09.2026
IN THE HIGH COURT AT CALCUTTA Item No.387
CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (NDPS) 1640 of 2026
In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with Kaliachak Police Station Case No. 2130 of 2025 dated 31.12.2025 under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
And
In Re : Ashak @ Ashak Sk. @ Esahak Sk
... Petitioner.
Mr. Sekhar Kumar Basu, Sr. Adv., Mr. Kaji M. Rahaman, Ms. Sucheta Banerjee
... For the Petitioner.
Mr. Krishnendu Bhattacharya, APP, Mr. Subrata Mukherjee
... For the State.
Affidavit filed by the State and the affidavit-in-reply filed by the petitioner be kept with the record. Learned senior advocate appearing for the petitioner submits that petitioner is in custody since 03.01.2026 and there has been no recovery from the present petitioner. Petitioner is unnecessarily detained in custody. The subject- matter of the present case relates to alleged recovery of 10 kgs. of Brown Sugar on different seizures being effected. So far as the present petitioner is concerned, the affidavit of the State reflects that from the leading statement of the present petitioner viz. Ashak @ Ashak Sk. @ Esahak Sk from the house of Abdus Salam 417 grams of Brown Sugar was recovered. I have taken into account the seizure list wherein the said 417 grams of Brown Sugar has been recovered. From the said seizure list, I do not find any signature of the present petitioner and under the column from whom it is seized, neither it is referred to that on the basis of leading statement of the P.C. accused Ashak Khan there has been any seizure which has been effected. Affidavit of the State also do not reflect that there is any criminal antecedent of the present petitioner which is available in the police records till date. Having considered that there has been no recovery from the present petitioner and there are no CDRs or money trail available, I am of the view that as charge-sheet has been submitted, the rigours of Section 37 of the NDPS Act in the present case are diluted. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Ashak @ Ashak Sk. @ Esahak Sk shall be released on bail upon furnishing 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 the NDPS Act, 4th Court, Malda. If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of Malda without prior permission of the learned Special Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (NDPS) 1640 of 2026, is, thus, disposed of.
All concerned 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 with all requisite formalities.
(Tirthankar Ghosh, J.)