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2026 DAILYLAW 34553 (CAL)

AKBAR ALI v. STATE OF WEST BENGAL

CRM(NDPS)/365/2026 · 2026-08-13

Arijit Banerjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

16 13-08-2026 (ct. no.11) KOLE 1635 In the High Court At Calcutta Jalpaiguri Circuit Bench CRM (NDPS) 365 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/Section 483 of the BNSS in connection with Khaibari Police Station Case No. 380 of 2025 dated 22.12.2025 under Sections 20(b)(ii)(c) of the NDPS Act, 1985. - A n d - In the matter of : Akbar Ali .... Petitioner. Mr. Arunava Paul, … For the Petitioners. Mr. Abrajyoti Das, Mr. Rajkumar Mitra, Ms. M. Dutta, … For the State. 1. 690 kgs of ganja was recovered from the exclusive possession of the petitioner. He alleges various irregularities in the process of search and seizure including violation of Section 50 of the NDPS Act. He also says that there was inordinate delay in sending the sample for forensic test. 2. The contraband item was recovered from a vehicle which was being driven by the petitioner. Prima facie I do not find how Section 50 of the NDPS Act will be applicable. Moreover, mere delay in sending the sample to forensic laboratory may not be fatal to the prosecution case if there is substantial compliance with the applicable rules. 3. In view of the huge quantity of contraband being involved and the restriction in Section 37 of the NDPS Act, I am not inclined to allow this application. 2 4. CRM (NDPS) 365 of 2026 is, thus, dismissed. 5. All parties shall act in terms of server copy of the order downloaded from the official website of this Court. ( Arijit Banerjee, J. )