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2026 DAILYLAW 32982 (CAL)

SUSHANTA SAHA @ PANKAJ v. STATE OF WEST BENGAL

CRM (A)/2430/2026 · 2026-08-17

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

35 17.08.2026 Ct. No 551 Jayanta Allowed CRM (A) 2430 of 2026 Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with the Raiganj Police Station case no.248 of 2026 dated 08.03.2026 under Sections 21(c)/25/29, Narcotic Drugs and Psychotropic Substances Act [NDPS Case No.16/2026] In the matter of : SUSHANTA SAHA @ PANKAJ ….. petitioner Adv. Jisan Iqubal Hossain Adv. Chandrima Debnath …. For the Petitioner. Adv. AnamitaBanerjee Adv. Priyanka Bhattacharjee …. For the State. 1. Parties are present through their respective Counsels. 2. Learned Counsel for the petitioner submits that the investigation of the case has already completed. The petitioner has been erred as an accused in the charge sheet. 3. He further submits that nothing has been recovered from the possession of the present petitioner. He has been implicated in the case on the basis of statement of co-accused made while he was in the custody. 2 4. In view of that he prays for anticipatory bail. 5. Learned Counsel for the state vehemently raised objection and relies upon the materials in the Case Diary including the statement of the co-accused. 6. Accordingly, he opposes the prayer for anticipatory bail. 7. It appears from the materials on record that narcotic contraband was recovered from the possession of the co-accused. Such co-accused person while in custody made a statement implicating the present petitioner. 8. At the time of hearing, learned Counsel for the State has not drawn my attention to any specific materials collected in course of investigation which shows any nexus between the petitioner and the seized quantity of narcotics and/or the persons from whom such narcotic drugs was seized. 9. in view of the above, the petitioner has been able to overcome the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the Case Diary, I do not think that custodial interrogation of the 3 petitioner is required in this case. As such, I am inclined to grant anticipatory bail to the petitioner. 10. In the event of arrest, the petitioner, namely, SUSHANTA SAHA @ PANKAJ shall be released on bail upon furnishing a bond of Rs. 10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438 (2) of the Code of Criminal Procedure, 1973 corresponding to Section 482 (2) of the BNSS, 2023 and on further conditions that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the I.O. once a week till submission of report in final form. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date. 11. Accordingly, anticipatory bail prayer is allowed. 12. The application for anticipatory bail being CRM (A) 2430 of 2026, is thus, disposed of. 4 13. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Md. Shabbar Rashidi, J.)