Md Mobarak Hossain v. State Of West Bengal

24.06.2026 Sl. No. 102 Court No.35 Rohan (Allowed)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 983 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station Case No. 1859 of 2025 dated 01.11.2025 for the offences punishable under Sections 21(c)/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-AndIn the matter of: Md. Mobarak Hossain

...Petitioner

Mr. Tapodip Gupta Mr. Golam Ahammed ...for the Petitioner Mr. Rajendra Banerjee, Ld. APP Mr. Sunil Gupta ...for the State

1. Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than seven months and he has been implicated in the instant case on the basis of the statement of the co-accused from whom, recovery has been made. There is no recovery from the present petitioner and the subject matter of the case allegedly involves 985 grams of brown sugar.

2. Learned advocate for the State opposes the prayer for bail.

3. Mr. Rajendra Banerjee, learned Additional Public Prosecutor, along with Mr. Sunil Gupta, learned Advocate was directed to represent the State in the present case. Their appearance may be regularized.

4. I have taken into account the factum of charge-sheet having being submitted in the present case and the prosecution relied upon six

(06) witnesses in order to prove its case. Till date charges have not been framed. Having considered the locus of the present petitioner, I am of the view that the petitioner may be released on bail.

5. As such, the prayer for bail of the petitioner, namely, Md. Mobarak Hossain is allowed.

6. Accordingly, the petitioner 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 the learned Special Judge, NDPS Act, 3rd Court at Malda.

7. If on bail, the petitioner shall be physically present before the learned Trial Court on each and every date. Petitioner shall not leave the district of Malda without prior permission of the learned Special Court.

8. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

9. Accordingly, CRM (NDPS) 983 of 2026 is allowed.

10. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court.

11. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)