Mafijul Sk @ Sekh v. State Of West Bengal
02.02.2026 Serial no. 71 [G.S.D] CRM (NDPS) 109 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 NDPS Case No. 16 of 2025 arising out of Palashipara PS Case No. 28 of 2025 dated 12.01.2025 u/s 21(c) of the NDPS Act.
-AndIn the matter of : Mafijul Sk @ Sekh ... ... Petitioner(s) Mr. Sabir Ahmed Mr. A. A. Mondal ... for the Petitioner(s) Ms. Rituparna Ghosh Mr. Aritra Bhattacharya ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for more than one year and has been implicated on the basis of false accusation of alleged recovery of 397 gm of heroin.
State has taken instruction and certified copy has also been produced which reflects that PW 4 has turned hostile.
Having considered that the sole independent witness has turned hostile, I am of the view that there is some dilution so far as the seizure is concerned, as such, I am inclined to enlarge the petitioner on bail.
Hence, the prayer for bail of the petitioner is Allowed.
Accordingly, the petitioner viz, Mafijul Sk @ Sekh 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, NDPS Act, Nadia at Krishnagar.
If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special court and shall not leave the jurisdiction of the district of Nadia without prior permission of the learned Special Court. Accordingly, CRM(NDPS) 109 of 2026 is allowed. Pending application(s), if any, is also disposed of. Report submitted by the State be kept with the record.
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.)