Samsundar Sada @ Shyamsundra And ANR. v. State Of West Bengal

27.04.2026 Court No.35.

D/L. 56.

Kausik (Allowed) CRM (NDPS) 771 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with English Bazar Police Station Case No. 198/2025 dated 04.02.2025 under Section 21(C)/29 of the NDPS Act.

And In the matter of : Samsundar Sada @ Shyamsundra & Anr. ......Petitioners.

Mr. Arup Kumar Bhowmick ......for the Petitioners.

Mr. Md. Adil Badr Mr. Nirupam Dhali ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year and 3 months. Charge sheet has already been submitted and the alleged recovery is 399 Gms. of Brown Sugar from the joint possession of the petitioners. Prosecution has relied upon 9 witnesses in order to prove its case. As such, petitioner prays for bail on any stringent condition.

Learned advocate for the State opposes the prayer for bail and submits that charge sheet has been submitted. Charges have been framed and next date has been fixed for witness action. Records of the case reflect that the Chemical Examiner's Report reflecting Diacetylmorphine (Heroin), 6-

Monoacetylmorphine, Morphine and Acetylcodeine, four contrabands having been found.

Having considered the quantum of recovery and no quantitative analysis being done in respect of the quantum, I am of the opinion that the judgment of Sentu Seikh vs. State of West Bengal (SLP (Crl.) No. 13987/2025) is applicable to the facts of the present case.

Accordingly, prayer for bail of the petitioners is allowed. Accordingly, Petitioners, namely, (1) Samsundar Sada @ Shyamsundra, (2) Inderdeb Sada @ Indradev shall furnish 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 Learned Additional District Judge, 4th court cum Special Court, Malda. If on bail, petitioners shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Malda without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) 771 of 2026 is allowed. All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)