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2026 DAILYLAW 24975 (CAL)

INJAMAMUL HOQUE @ INJAMUL HAQUE v. STATE OF WEST BENGAL

CRM (NDPS)/974/2026 · 2026-06-24

Tirthankar Ghosh

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.06.2026 Sl. No. 93 Court No.35 Rohan (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 974 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Azimganj GRPS Case No. 11 of 2025 dated 25.06.2025 for the offences punishable under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. -And- In the matter of: Injamamul Hoque @ Injamul Haque …Petitioner Mr. Arnob Chatterjee Mr. Avik Ghosh …for the Petitioner Mr. Moyukh Mukherjee Ms. Nayana Mukhopadhyay …for the State 1. Memo of evidence as submitted be taken on record. 2. Learned advocate appearing for the petitioner submits that the petitioner is in custody for about a year and the subject matter of the case allegedly relates to recovery of 312 grams of heroin. Charge-sheet has already been submitted but as other accused persons are absconding till date, charges are not being framed. As such, further detention of the petitioner is unwarranted. 3. Learned advocate for the State opposes the prayer for bail and submits that recovery was from the joint possession of the petitioner and another. The quantum as seized is above commercial quantity and there are supporting seizure-list witnesses. 2 4. Learned advocate for the petitioner has also referred to the chemical examiner’s report. 5. I have also considered the judgment of the Hon’ble Supreme Court in Sentu Seikh vs. State of West Bengal [SLP (Crl.) No. 13987 of 2025]. Having considered the period of detention of the present petitioner and the fact that charge-sheet refers to eleven (11) witnesses as also the dictum of the Hon’ble Apex Court, I am of the view that the petitioner may be released on bail. 6. As such, the prayer for bail of the petitioner, namely, Injamamul Hoque @ Injamul Haque is allowed. 7. Accordingly, the petitioner shall furnish 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 at Berhampore, Murshidabad. 8. If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date. Petitioner shall not leave the district of Murshidabad without prior permission of the learned Special Court. 9. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 10. Accordingly, CRM (NDPS) 974 of 2026 is allowed. 3 11. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 12. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)