CRM (A)/2219/2026 of HASIBUL SK @ HASIFUL SEKH AND ORS. Vs STATE OF WEST BENGAL on 17 August 2026

1. This is an application for anticipatory bail filed under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Chapra Police Station Case No. 474 of 2026 dated 05.06.2026 under Sections 21(c)/29 of the NDPS Act.

2. Learned Advocate appearing for the petitioners submits that the petitioners have been falsely implicated in the instant case on the basis of the statements of hearsay witnesses. He further submits that no contraband article has been seized from the possession of the petitioners. Accordingly, he submits that custodial interrogation of the present petitioners is not necessary.

3. Mr. Rajendra Banerjee, learned Advocate appearing for the State/respondents, produces the case diary and vehemently opposes the prayer for anticipatory bail of the petitioners on the basis of the materials available therein.

4. Heard the learned Advocates appearing for both the parties and perused the case diary as well as the other materials on record.

2

5. The petitioners are FIR-named accused persons. Certain contraband articles have been recovered from the petitioners. In an offence punishable under the NDPS Act, where there is a bar under Section 37 of the said Act against granting bail, the prayer for pre-arrest bail should be dealt with cautiously and cannot be granted on mere asking. Since incriminating materials are available against the accused persons, I am of the opinion that custodial interrogation of the petitioners is necessary and that it would not be apposite to grant them pre-arrest bail.

6. Accordingly, the prayer for anticipatory bail of the petitioners stands rejected.

7. The application for anticipatory bail is, thus, disposed of.

(Partha Sarathi Chatterjee, J.)