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2026 DAILYLAW 35944 (CAL)

SAHIN SK @ MD SAHIN ALOM v. STATE OF WEST BENGAL

CRM (A)/1922/2026 · 2026-08-27

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.08.2026 Item No. 03 Ct. No. 39 C.R.M.(A) 1922 of 2026 AN (ALLOWED) In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Baishnabnagar Police Station Case No. 297 of 2026 dated 29.03.2026 under Sections 21(b)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 corresponding to PTN No. 2630/2026 now pending before the learned Judge, Special Court, Additional District Judge, 4th Court, Malda. In the matter of : Sahin Sk @ Md Sahin Alom … Petitioner. Md. Wasim Akram Ms. Sabrina Parveen …for the Petitioner. Mr. Soumya Raha …for the State. 1. Learned advocate appearing for the petitioner submits that the present petitioner is innocent and has been falsely implicated in this case only on the basis of the statement of the co-accused. No contraband goods were recovered from his conscious possession. He further submits that another co-accused was granted anticipatory bail by this Court only on the ground that he was falsely implicated in the alleged offence on the basis of the statement of the co-accused. The present petitioner is also standing on the same footing. He prays for anticipatory bail of the petitioner on any terms and conditions. 2 2. On the other hand, learned advocate representing the State produces the memo of evidence, the report furnished by the S.I., Baishnabnagar P.S., District Malda dated 20th August, 2026, the case diary and opposes the prayer for anticipatory bail indicating that the petitioner has antecedents. 3. Having heard learned advocates for the respective parties and upon perusing the materials on record, the case diary and the memo, this Court finds that the present petitioner has antecedents in respect of the Baishnabnagar P.S. Case No. 334 of 2023 dated 20th May, 2023 under Sections 448 / 376 / 511 / 354 / 326 / 307 / 379 / 34 Indian Penal Code which is not at all connected with the NDPS Act. Furthermore, no contents of any call details and/or money trail are available in the case diary. The present petitioner is standing on the same footing with that of the other accused, who was granted anticipatory bail by this Court. 4. Considering the above, this Court does not find any necessity for custodial interrogation/detention of the petitioner as such, this court extends the same privilege. The prayer for anticipatory bail of the petitioner is thus considered and allowed on the following conditions. 3 5. Accordingly, in the event of arrest, the petitioner shall be released on bail to the satisfaction of the arresting officer on the terms and conditions as he deems fit and proper and also subject to the conditions as laid down under Section 438(2) of the Criminal Procedure Code corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 6. In the event the petitioner fails to comply with the conditions as imposed by this Court, the prosecution shall be at liberty to pray for cancellation of the anticipatory bail granted by this Court in accordance with law. 7. C.R.M.(A) 1992 of 2026 stands disposed of. 8. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)