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2026 DAILYLAW 32182 (CAL)

SAHIDUL SHEIKH @ SAHIDUL SK AND ORS. v. STATE OF WEST BENGAL

CRM (A)/1942/2026 · 2026-08-18

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

18.08.2026 Sl.No. 8 Ct. 39 Allowed Amalranjan In The High Court At Calcutta Criminal Miscellaneous Jurisdiction Appellate Side CRM (A) No. 1942 of 2026 In Re: An application for Anticipatory Bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023/corresponding to under Section 438 of the Code of Criminal Procedure, 1973; filed in connection with Chapra Police Station Case No. 452 of 2026 dated 31.05.2026 under Sections 21(c) & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 vide PTN No. WBND01P0021172026. -And- In the matter of : Sahidul Sheikh @ Sahidul Sk & Ors. … Petitioners Mr. Sumanta Das ….for the petitioners Mr. Gouranga Kr. Das Mr. Saswata Chatterjee ……..for the State 1. It is submitted by learned counsel appearing on behalf of the petitioners that the petitioners are innocent. They have been falsely implicated in this case only on the basis of the statements of the co-accused made before the police authorities when they were in custody. Learned counsel further submits that there are no antecedents of the present petitioners. He prays for anticipatory bail on any terms and conditions. 2. Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail and produces the case diary and also refers to the call details between the petitioner no. 1 and the accused persons. It was also 2 disclosed that 500 bottles of ESkuf Cough Syrup, which is contraband, were recovered while being illegally smuggled into Bangladesh through Brahmanagar Indo- Bangladesh International Border crossing from the co- accused. 3. Having heard the learned counsels for the respective parties and on perusal of the materials available on record as well as the case diary, this court finds that there was a call record dated 26.05.2026, i.e., 5 days before the incident of recovery. Furthermore, there is no bank transaction or money trail between the parties. The statements of the co-accused are not admissible in law. Furthermore, there are no previous antecedents against the petitioners. 4. Considering the aforesaid facts, this court finds that this is a fit case for granting anticipatory bail to the petitioners as there is no need for custodial interrogation/detention. 5. Accordingly, the prayer for anticipatory bail of the petitioners, namely, 1) Sahidul Sheikh @ Sahidul Sk, 2) Sahidul Biswas @ Baltu Sk and 3) Samiul Biswas is allowed. 6. In the event of arrest, the petitioners shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 3 438(2) of the Cr.P.C. corresponding to Section 482 (2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 7. In the event the petitioners fail to comply with any of the conditions mentioned above, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 8. The application for anticipatory bail is, thus, disposed of. 9. The Memo of evidence filed by the State is taken on record. 10. All parties shall act on the server copies of this order duly downloaded from the official website of this court. 11. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. ( Ajay Kumar Gupta, J. )