Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 7904 (CAL)

SAMIM SHEKH @ SK v. STATE OF WEST BENGAL

CRM (NDPS)/612/2026 · 2026-04-13

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

13.04.2026 Serial no. 19 [G.S.D] CRM (NDPS) 612 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 41 of 2025 arising out of Balurghat Police Station Case No. 454 of 2025 dated 10.07.2025 u/s 21(c)/22(c)/23(c)/25/27A and 29 of the NDPS Act. -And- In the matter of : Samim Shekh @ Sk … Petitioner(s) Mr. Amit Ranjan Pati Mr. Ashok Halder Ms. Reshmi Mukherjee Mr. A,. Chatterjee … for the Petitioner(s) Md. Adil Badr, Jr. Govt. Adv. Ms. Rita Dutta … for the State-respondent(s) Learned advocate for the petitioner submits that there has been seizure of 309 bottles of phensedyl and the petitioner is in custody for 277 days. According to the learned advocate, charge-sheet has been submitted, as such, he prays that the petitioner may be enlarged on bail. Learned advocate for the State, on the other hand, submits that wrong statement was advanced by the learned advocate appearing for the petitioner and on that basis, the order of bail was passed. Learned advocate, thereafter, produces the seizure list which reflects that 3190 bottles of phensedyl were recovered. In view of the aforesaid, the rigors of Section 37 of the NDPS Act is attracted, as such, I am not inclined to enlarge the petitioner on bail. 2 Hence, the prayer for bail of the petitioner is Rejected. However, learned advocate for the State has produced the seizure list and points out that on the wrong submission of the learned advocate for the petitioner that 309 bottles were seized, one accused being Chhotan Rabidas was released on bail in CRM (NDPS) 1387 of 2025. In view of the aforesaid facts, let, Rule be issued asking the petitioner (Chhotan Rabidas) why his bail should not be cancelled. State is directed to serve a notice upon ‘Chhotan Rabidas – who was granted bail on 06.11.2025 in CRM (NDPS) 1387 of 2025, for participating in the issue relating to his ‘Cancellation of Bail’. Let the matter being CRM (NDPS) 612 of 2026 appear along with CRM (NDPS) 1387 of 2025 under the heading [‘In Re.: Suo Motu Cancellation of Bail {Chhotan Rabidas passed in CRM (NDPS) 1387 of 2025}] on 4th May, 2026. Accordingly, CRM (NDPS) 612 of 2026 is dismissed. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.) 3