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2026 DAILYLAW 33416 (CAL)

TOFIK SK @ JAKIR HOSSAIN v. STATE OF WEST BENGAL

CRR/3271/2026 · 2026-08-19

Kausik Chanda

body2026

Judgment text

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Sl. No.20 19.08.2026 Suman Ct. 237 CRR 3271 of 2026 Tofik Sk. @ Jakir Hossain Vs. The State of West Bengal Mr. Debapriya Samanta Mr. Samrat Ghosh Mr. Sabyasachi Howlader Mr. Raktim Siddhanta ..for the petitioner Mr. Subir Ganguly, Mr. Sandeep Prasad Shaw ..for the State A charge sheet was filed against the petitioner along with another accused person in connection with NDPS Case No.46 of 2025 arising out of Bhagwangola Police Station Case No.120 of 2025 dated 08.03.2025 under Sections 21(c)/29 of the NDPS Act, 1985 presently pending before the learned Additional District and Sessions Judge, 2nd Court, Berhampore, Murshidabad. It appears that at the time of filing charge sheet, the petitioner was shown as absconding. On the prayer of the Investigating Agency, the learned Magistrate issued warrant of arrest against the petitioner on September 2, 2025. In view of non-execution of warrant of arrest and failure on the part of the petitioner to appear before the learned trial Court, subsequently an order of proclamation was issued on March 5, 2026. Subsequently, the learned Sessions Judge/Judge, Special Court issued an attachment order on April 27, 2026. This Court does not find any apparent illegality in the order passed by the Special Court. However, learned advocate appearing for the petitioner submits that the petitioner is willing to surrender before the learned Court below within a period of one month from date. In view of the aforesaid submission, the warrant of arrest issued against the petitioner is stayed for a period of one month from the date of this order, subject to the condition that the petitioner shall surrender before the learned Magistrate within the said period. In the event the petitioner surrenders before the learned Magistrate, any application for bail filed by him shall be considered and decided in accordance with law without being influenced by this order. In the event the petitioner fails to surrender in terms of this order within the stipulated period, the warrant of arrest shall stand revived automatically, and the learned Magistrate shall be at liberty to execute the same in accordance with law. It is made clear that this order shall not preclude the petitioner from filing an appropriate application seeking appropriate relief. Accordingly, CRR 3271 of 2026 is disposed of. 2 Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 3