Authority: High Court at Calcutta

Order Date: 17 June 2026

Case Overview

  • Petitioner: Estab Sk (referred to as "the petitioner").
  • Respondent: State, represented by counsel Mr. Rajendra Banerjee (APP) and Mr. Sunil Gupta.
  • Proceedings: Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed as C.R.M. (NDPS) 953 of 2026, connected to Kaliachak Police Station Case No. 1044 of 2025 dated 15.06.2025.
  • Charges: Sections 21(c), 25, 27A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
  • Allegations: Recovery of 478 grams of heroin; charge‑sheet submitted but charges not yet framed.
  • Prosecution Evidence: Reliance on 14 witnesses; three accused persons are absconding, preventing charge framing.
  • Forensic Findings: Chemical examiner’s report detected Diacetylmorphine (Heroin) and Monoacetylmorphine in one sample; Morphine and 6‑Monoacetylmorphine in another sample.
  • Legal Precedent Cited: Supreme Court judgment in Sentu Seikh Vs. State of West Bengal (SLP (Crl.) No. 13987/2025) concerning the necessity of quantitative analysis.

Observations & Reasoning

  • The Court considered the quantum of seized narcotics and noted that quantitative analysis was not performed, invoking the aforementioned Supreme Court precedent.
  • Based on the lack of quantitative analysis and the petitioner’s prolonged custody (over one year), the Court found the petitioner entitled to bail.

Directions

  • Bail is allowed.
  • The petitioner shall be released upon furnishing a cash bond of Rs.20,000/‑.
  • Two sureties of Rs.10,000/‑ each are required, one of which must be a local surety, to the satisfaction of the learned Special Court under the NDPS Act, Malda.
  • The petitioner must be physically present on every date fixed by the Special Court and may not leave the jurisdiction of the district of Malda without prior permission of the Special Court.

Final Outcome

  • The application for bail (CRM (NDPS) 953 of 2026) is disposed of with the bail granted under the conditions specified above.

Topics: Bail, NDPS, High Court