Calcutta High Court (Appellete Side)
Jenarul Haque vs Unknown on 21 July, 2026
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
21.07.2026
Serial no. 85
[G.S.D]
CRM (NDPS) 1447 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 PTN Case No. 1206 of 2025 corresponding to NDPS
Case No. 29 of 2026 arising out of Kaliachak PS Case No. 1492 of 2025
dated 25.08.2025 u/s 21(c)/25/27A/29 of the NDPS Act.
-And-
In the matter of : Jenarul Haque
... ... Petitioner(s)
Mr. Arnab Saha
Mr. Abhimanyu Banerjee
Mr. Abdul Nooman
... for the Petitioner(s)
Mr. L. Vishal Kumar
... for the State-respondent(s)
Learned advocate for the petitioner submits that the
petitioner is in custody for about eight months; charges
have been framed and relevant witnesses have been
examined. Learned advocate also submits that two of the
independent witnesses who were present and signed the
seizure list in respect of the contraband who implicated the
present petitioner have been declared hostile by the
prosecution.
Learned advocate for the State opposes the prayer
for bail.
I have taken into account the total seizure in the
present case which is more than 2 kg.
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However, having considered the period of detention
of the present petitioner and the quantum of seizure, I am
of the opinion that Section 37 of the NDPS Act is diluted, as
such, without entering into the merits of the case, I am
inclined to enlarge the petitioner on bail.
Hence, the prayer for bail of the petitioner is
Allowed.
Accordingly, the petitioner viz, Jenarul Haque shall
be released on bail upon furnishing bond of Rs.20,000/-
(Rupees Twenty Thousand only), with two sureties of
Rs.10,000/- (Rupees Ten Thousand only) each, one of whom
must be local, to the satisfaction of the learned Judge,
Special Court under NDPS Act, 4th Court, Malda.
If on bail, the petitioner shall also make himself
physically available on each and every date so fixed by the
learned Special court/trial court and shall not leave the
district of Malda without prior permission of the learned
Special court/trial court.
Accordingly, CRM (NDPS) 1447 of 2026 is allowed.
Parties to act on a server copy of this order duly
collected from the official website of the Hon’ble High Court,
Calcutta.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties subject to compliance
with all requisite formalities.
(Tirthankar Ghosh, J.)
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