TOHIDUR SEKH @ TOHIDUR SK v. THE STATE OF WEST BENGAL
CRM (A)/2231/2026 · 2026-08-17
Partha Sarathi Chatterjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 34962 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 34962 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
17.08.2026 Sl. No. 63 Ct. No. 446 SG [REJECTED] C. R. M. (A) 2231 of 2026
In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Baishnabnagar Police Station Case No. 1301/2025 dated 03.10.2025 under Sections 21(c)/27A/29 of the NDPS Act. And
In Re: Tohidur Sekh @ Tohidur Sk. … … Petitioner
Mr. Md. Wasim Akram, Mr. Anwar Hossain. … … for the petitioner
Mr. Somnath Adhikary, Ms. Pritha Sinha. … … for the State
1. Learned Advocate appearing for the petitioner submits that the petitioner has been implicated in this case on the basis of the statement of the accused persons. He submits that such confessional statement of an accused person made under Section 67 of the NDPS Act has no evidentiary value in the eye of law. He submits that the contraband article was recovered from the possession of Subham Kumar and Rakib Sk., and the petitioner has no relation and/or connection with the said accused persons. He submits that, taking note of these facts, the petitioner may be granted pre-arrest bail. 2. Learned Advocate appearing for the State produces the case diary and opposes the prayer for anticipatory bail on the basis of the materials available therein. He submits that the call detail records collected by the Investigating Officer in the course of investigation and the bank statements of the petitioner and the other accused persons indicate that, on several occasions at the relevant point of time, there were telephonic conversations between them and that huge amounts of
2 money were transacted between the petitioner and the other accused persons. This suggests a connection between the petitioner and the other two accused persons from whom the contraband was recovered. He submits that the petitioner is the financial backbone of the racket involved in committing such offences. 3. Heard the learned Advocates appearing for the respective parties and perused the case diary and other materials on record. A huge quantity of contraband, namely, brown sugar weighing more than 280 grams, was recovered from two accused persons, namely, Subham Kumar and Rakib Sk.
The evidence collected by the Investigating Officer in the course of investigation suggests that there were telephonic conversations on several occasions between the petitioner and the accused persons from whom the contraband articles were seized, and that transactions involving huge amounts of money were made between them through their respective bank accounts. 4. Taking note of these aspects, I am of the view that it is not a fit case to extend the benefit under Section 482 of BNSS in favour of the petitioner. 5. Accordingly, application for anticipatory bail stands rejected. (Partha Sarathi Chatterjee, J.)