Supreme Court Grants Bail to Anisur Sekh in NDPS Case After Prolonged Incarceration.


06 October 2025 Bail and Antcipatory Bail >> Criminal Law   |   Drugs >> Criminal Law   |   FIR >> Criminal Law  

The Supreme Court of India has extended bail to Anisur Sekh, who was in detention since December 22, 2023, in a case filed by the Narcotics Control Bureau (NCB) under FIR No. 21/NCB/KOL/2016. The Court permitted his appeal against the Calcutta High Court order dated September 23, 2024, which had previously rejected his application for regular bail.

A Bench of Justice Manoj Misra and Justice Ujjal Bhuyan heard the case that had arisen from Special Leave Petition (Criminal) No. 13009 of 2025. The counsel for the appellant submitted that no contraband was found on his person. The recovery at the point of discovery was from a truck of a co-accused, even though it was in the name of the appellant. It was also argued that the appellant's participation was purely on the statement of the co-accused.


 

 

The appellant brought to the notice of the court that the main accused from whose custody the contraband was recovered has already been released on bail by the High Court. In spite of this fact, the appellant was in custody awaiting trial, and hence he sought relief before the Supreme Court.

The respondent's counsel opposed the application for bail, arguing that the appellant had gone into hiding for many years and was only arrested in 2020, although the case had commenced in 2016. The State could not, however, deny that equally situated co-accused had been granted bail and that the appellant had spent a significant period in custody.

Considering the situation and without regard to the merits of the case, the Supreme Court noted that the appellant is entitled to the benefit of bail pending trial. The bench thus granted the appeal, setting aside the High Court judgment and ordering that Anisur Sekh be discharged on such terms and conditions as may be deemed fit by the trial court.

The Court also disposed of all pending applications in the case. The order reaffirms the general principle that excessive pre-trial detention, especially where co-accused have been released on bail, is a relevant factor for consideration in bail hearings.