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Calcutta High CourtCRM (NDPS)/421/2026allowed

Md. Samim Momin v. State Of West Bengal

2026-03-30Hon'Ble Justice Tirthankar Ghosh3 pages

30.03.2026 Serial no. 466 [G.S.D] CRM (NDPS) 421 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. 89 of 2024 arising out of Kaliachak PS Case No. 1770 of 2024 dated 03.11.2024 u/s 21(c)/27A/29 of the NDPS, 1985.

-AndIn the matter of : Md. Samim Momin ... ... Petitioner(s) Md. Wasim Akram Ms. S. Parveen ... for the Petitioner(s) Mr. Joydeep Roy Md. Yaser A. Ismail ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for more than one year four months and the evidence of the seizure list witnesses are over. The prosecution intends to examine 10 witnesses in order to prove its case. According to the learned advocate, only four witnesses have been examined, as such, on any stringent condition, the petitioner may be enlarged on bail. Learned advocate for the State opposes the prayer for bail.

I have taken into account the period of detention of the present petitioner and the fact that some time will be required for taking the trial to its logical conclusion.

Having considered the same and without entering into the merits of the case, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Md. Samim Momin 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 -cum-Additional District Judge, 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 and shall not leave the district of Malda without prior intimation to the learned Special court. Accordingly, CRM(NDPS) 421 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.)