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2026 DAILYLAW 37483 (CAL)

ABBAS SK @ ABBASUDDIN v. THE STATE OF WEST BENGAL

CRM (A)/2531/2026 · 2026-09-02

Md Shabbar Rashidi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

02.09.2026 Item No.9 Ct. No. 551 RP Allowed C.R.M.(A) 2531 of 2026 In Re:- An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with NDPS CASE NO.217 OF 2025 arising out of Farakka Police Station Case No.464/2025 dated 30.11.2025 under Sections 20(b)/21(c)/29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 pending before the Learned Judge, Special Court under NDPS Act, Berhampore, Murshidabad. And In the matter of : Abbas Sk. @ Abbasuddin ...… petitioner Mr. Tapodip Gupta, Advocate Mr. Suman Bhanja, Advocate Mr. Golam Ahammed, Advocate .…for the petitioner Mr. Pradip Banerjee, Ld. APP Mr. Arijit Bhusan Bagchi, Advocate .…for the State 1. Heard the submissions made on behalf of the learned advocate for the petitioner and the learned advocate for the State. 2. Perused the various materials in the case diary. It transpires that the present petitioner has been implicated in this case on the basis of statement of the co-accused made while in custody. Investigation of the case has concluded into filing of charge sheet against the present petitioner as well as other accused persons. Nothing was recovered from the possession of the present petitioner. 2 The persons from whom narcotics contraband was recovered are in custody. 3. From the materials on record it transpires that the State has not been able to demonstrate any nexus between the petitioner and the seized narcotic contraband and/or the persons arrested with the seized contraband. 4. In such circumstances, I am of the view that the petitioner has been able to overcome the restrictions contained under Section 37 of NDPS Act, 1985. Accordingly, this Court is inclined to grant anticipatory bail of the petitioner subject to fulfillment of certain conditions other than compliance of the conditions laid down in Section 482(2) BNSS. 5. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (Rupees Ten Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and also be subject to the conditions as laid down under Section 482(2) of the BNSS and on further condition that the petitioner shall appear on every date before the jurisdictional court on and from the date fixed for appearance of the accused and in default the jurisdictional court will pass appropriate order to secure the presence of the petitioner in court including cancelling the anticipatory bail granted by this Court without further reference to this Court. 3 6. This application for anticipatory bail is, thus, allowed. (MD. SHABBAR RASHIDI J.)