Badiruddin Miya @ Badiruddin Sk v. State Of West Bengal
D/L534 27.03.2026 Bpg.
Allowed C.R.M. (NDPS) 466 of 2026 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Criminal Procedure Code, 1973 filed in connection with Baishabnagar Police Station Case No.918 of 2024 dated 02.09.2024 under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;
Badiruddin Miya @ Badiruddin Sk
Versus
The State of West Bengal Mr. Sabir Ahmed Mr. Dilwar Azad.
...for the petitioner.
Mr. Subhamay Bhattacharya Mr. Prakash Mishra.
...for the State.
Learned advocate appearing for the petitioner submits that the petitioner has been implicated in the present case on the basis of statement of co-accused. There has been no recovery from the present petitioner although the alleged recovery in the present case from the other accused amounts to 6 kgs 64 grams of heroin. Petitioner is in custody for 8 months 19 days. Learned advocate for the State opposes the prayer for bail. However, learned advocate is unable to controvert the submission that the petitioner has been implicated on the basis of the statement of co accused.
Having considered the period of detention and the materials appearing against the petitioner, I am inclined to release
the petitioner on bail.
Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Badiruddin Miya @ Badiruddin Sk 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 District Judge, 4th Court, Malda. 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 Malda without prior permission of the learned special court.
Accordingly, CRM(NDPS) 466 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.)