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2026 DAILYLAW 34608 (CAL)

MD LALAN v. THE STATE OF WEST BENGAL

CRM(NDPS)/252/2026 · 2026-08-12

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24. 12-08-2026 IN THE HIGH COURT AT CALCUTTA (ct. no.09) Circuit Bench at Jalpaiguri debajyoti Criminal Miscellaneous Jurisdiction (rejected) CRM (NDPS) 252 of 2026 In re: An application for bail under Section 439 of the Code of Criminal Procedure/483 of the Bhartiya Nagarik Suraksha Sanhita in connection with Pradhan Nagar Police Station Case No.595 of 2025 dated 29-08-2025 under Sections 21(c)/22(c) of the Narcotic Drugs & Psychotropic Substances Act. - A n d - In the matter of : Md Lalan …. Petitioner. Mr. Nilay Chakraborty, Adv., Ms. Angana Rakshit, Adv. … For the Petitioner. Mr. Avrojyoti Das, learned APP, Mr. Raj Kumar Mitra, Adv. … For the State. 1. The learned counsel for the petitioner has submitted that the petitioner is in custody for more than one year. The ground of arrest was not duly communicated to the petitioner at the time of arrest. The FSL report is not conclusive. The specification of the contraband article and non-contraband article was not given. There is no chance of early conclusion of the trial. The petitioner may be enlarged on bail on any condition. 2. The learned counsel for the State opposes the prayer for bail. According to him, the ground of arrest was duly communicated to the petitioner. In view of the decision reported in 2022 Live Law (Bombay) 432 (H. S. Arun Kumar Vs. The State of Goa), there is no need for giving the specification in the FSL report about the contraband and non- contraband articles. 3. I have gone through the materials on record. It prima facie appears that the contraband article was recovered from 2 the possession of the present petitioner. The ground of arrest was duly communicated to the petitioner. Although the learned counsel for the petitioner has submitted that the judgment of Hira Singh Vs. Union of India reported in (2020) 20 Supreme Court Cases 272 is under active consideration before the Hon’ble Supreme Court, it appears that the said judgment has not yet been overruled by the Hon’ble Apex Court. 4. In view of the above, I am not inclined to allow the prayer of the petitioner for bail. The bail prayer stands rejected. 5. The application for bail is, thus, dismissed. 6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 7. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. (Apurba Sinha Ray, J.)