Jenarul Haque vs Unknown on 21 July, 2026

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    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

    SPONSORED

    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.

    2

    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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