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Calcutta High CourtCRM (NDPS)/414/2026allowed

Md.Ibrar v. State Of West Bengal

2026-03-24Hon'Ble Justice Tirthankar Ghosh3 pages

24.03.2026 Serial no. 25 [G.S.D] CRM (NDPS) 414 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 No. 29 of 2025 arising out of Hatishala PS Case No. 107 of 2025 dated 21.05.2025 u/s 20(b)(ii)(C)/29 of the NDPS Act. -AndIn the matter of : Md Ibrar ... ... Petitioner(s) Mr. Joy Chakraborty Mr. Sandip Dinda ... for the Petitioner(s) Mr. Bitasok Banerjee Ms. Trisha Rakshit ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is a taxi driver and has been implicated along with the four other persons for alleged recovery of 47.04 kg of ganja. Learned advocate also submits that the petitioner is in custody for ten months; charge-sheet has been submitted before the learned jurisdictional court and the prosecution intends to rely upon nine witnesses in order to prove its case.

Learned advocate for the State opposes the prayer for bail. According to the prosecution's case, it is because of the excess money, the petitioner knowingly carried the contraband. A report has been submitted which reflects that the petitioner has no criminal antecedents.

Having considered the period of detention of the present petitioner and his complicity in the prosecution's case which is restricted to the fact of earning extra money as also the fact that the prosecution would examine nine witnesses and till date

charges have not been framed, I am of the view that further detention of the present petitioner is unwarranted. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Md Ibrar 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 Additional Sessions Judge, 4th Court, Alipore. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of Kolkata and South 24 Parganas without prior intimation to the learned Special court. Accordingly, CRM(NDPS) 414 of 2026 is allowed. Pending application(s), if any, is also disposed of. 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.)