16 July 2025 Bail and Antcipatory Bail >> Criminal Law  

In Delwar Sk. Delwar Seikh Vs The State of West Bengal, the petitioner, an accused in Crime No. 145/2024, registered at Police Station Baisnabnagar, Malda, West Bengal, has been granted bail by the Supreme Court. The charges against him are under Sections 21(c)/29 of the Narcotic Drugs and Psychotropic Substances Act. The High Court had previously dismissed his bail application.

 

 

Having already spent approximately one year and five months in jail, the petitioner approached the Supreme Court. Notice was issued on April 25, 2025, and as of July 15, 2025, no counter-affidavit had been filed by the State, although the learned counsel for the State of West Bengal opposed the bail request.

Considering the period of incarceration and the fact that the petitioner has no other criminal antecedents, the Court concluded that a case for bail was established. Consequently, the petitioner is directed to be released on bail immediately, subject to the usual terms and conditions to be determined by the concerned Court. The petition, along with all pending applications, stands disposed of.

Narcotic Drugs and Psychotropic Substances Act, 1985