Muzamal Miah @ Mojammel Miya v. State Of West Bengal

D/L523 27.03.2026 Bpg.

Allowed C.R.M. (NDPS) 455 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 439 of the Criminal Procedure Code, 1973 filed in connection with Gangarampur Police Station Case No.648 of 2024 dated 04.12.2024 under Sections 21(c)/22(c)/23(c) /27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Muzamal Miah @ Mojammel Miya

Versus

The State of West Bengal Mr. Kaushik Choudhury.

...for the petitioner.

Mr. Ranadeb Sengupta Mr. Sachit Talukdar.

...for the State.

Learned advocate appearing for the petitioner submits that the subject matter of recovery of this case is 124 bottles of Phensedyl and 38 Pyrazinamide Tablets. It has also been submitted that the petitioner is in custody for 2 months 23 days. Additionally, it is contended that as charge has been framed and witness action has commenced, the petitioner may be released on bail as similarly placed accused person has been released on bail. Learned advocate for the State opposes the prayer for bail and submits that the prosecution intends to examine 29 witnesses and till date 4 witnesses have been examined. Learned advocate for the State submits that petitioner has three other incidents relating to NDPS case.

Having considered that some more time will be required for completing the prosecution witness and taking into account the quantum of seizure and similarly placed accused persons have been granted bail, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Muzamal Miah @ Mojammel Miya shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, Special Court, under NDPS Act-cum- learned Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat. If on bail, the petitioner shall be physically present on each and every date fixed by the learned special court and shall not leave the district of Dakshin Dinajpur without prior permission of the learned special court.

Accordingly, CRM(NDPS) 455 of 2026 is allowed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)