SHAHAZAHAN SHEKH@SAHAJAHAN AND ANR v. THE STATE OF WEST BENGAL
CRM(A)/547/2026 · 2026-08-12
Arijit Banerjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 35167 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 35167 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
04. 12.08.2026 Court No.11 (Tanmoy)
Allowed
CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE
CRM(A)/547/2026
In Re: - An application for anticipatory bail under Section 438 of the Code of Criminal Procedure, 1973 / Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with Sahebganj Police Station Case No. 299/2026 dated 17.06.2026 under Sections 21(C)/29 of the NDPS Act, 1985. And
In the matter of: - SHAHAZAHAN SHEKH@SAHAJAHAN AND ANR. …petitioners. Mr. Prajnadeepta Roy Mr. Sabir Ali Mr. Jaimallya Bhattacharya …for the petitioners. Mr. Janardan Periwal Mr. Kallal Ghosh Mr. Mayank Bhandari
…for the State. 1. Report filed by the State be kept with the records. 2. I see from the report that insofar as the CDR and financial trail are concerned, there is nothing against these petitioners as yet. Admittedly, there was no recovery of contraband from the petitioners. They also do not have criminal antecedents. 3. In view of the aforesaid, I am of the opinion that the petitioners have been able to overcome the restriction in Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and have made out a case for grant of anticipatory bail. Hence, I am inclined to allow the prayer of the petitioners so long as they fully co-operate with the Investigating Officer. 2
4. Accordingly, in the event of arrest, the petitioners, namely, 1. SHAHAZAHAN SHEKH@SAHAJAHAN, 2. AZAHAR ALI @ RAJA shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand) each, with two sureties of Rs.5,000/ (Rupees Five Thousand) each, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, Cooch Behar and shall abide by the conditions laid down in Section 438(2) of the Code of Criminal Procedure, 1973 / Section 482(2) of Bharatiya Nagarik Suraksha Sanhita, 2023, until further orders and on further condition that the petitioners shall appear before the learned Trial Court on each and every date of hearing and shall meet the Investigating Officer of this case as and when called for, until further orders. Within three days from date, the petitioners shall go and meet the Investigating Officer of this case. 5. In case the petitioners fail to adhere to any of the conditions stipulated above, the learned Court below shall be entitled to cancel the anticipatory bail without further reference to this Court. 6.
The application for anticipatory bail being CRM(A)/547/2026 is accordingly disposed of. 7. Criminal Section is directed to make available certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.)