Arsad Momin v. State Of West Bengal

29.06.2026

IN THE HIGH COURT AT CALCUTTA

Item No.215 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1218 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with English Bazar Police Station Case No. 2509 of 2025 dated 15.12.2025 under Sections 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Arsad Momin ... Petitioner.

Mr. Prasun Kumar Datta, Mr. Santanu Deb Roy, Mr. Sandip Chakraborty ... For the Petitioner.

Mr. Gouranga Kumar Das, APP, Mr. Bikash Kumar Singh ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for 140 days and although the subject-matter of the case involves alleged recovery of 5.800 kgs. of Brown Sugar, but there has been no recovery from the present petitioner and the petitioner has been implicated on the basis of statement of co-accused. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail.

State has submitted Memo of Evidence which do not reflect that there was any CDRs or money trail which connect the present petitioner and there has been no recovery from the present petitioner also. Having considered the same, I am of the view that as the evidence of the case would take some time to be completed since the prosecution

has relied upon 11 witnesses, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.

Accordingly, the petitioner viz., Arsad Momin shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, 4th Court, Malda.

If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Malda without prior permission of the learned Special Court. Memo of Evidence submitted by the learned advocate appearing for the State be kept with the record. The application for bail, being CRM (NDPS) 1218 of 2026, is, thus, disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)