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Calcutta High CourtCRM (NDPS)/1228/2026allowed

Samrat Das v. State Of West Bengal

2026-07-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.07.2026 Court No.35.

D/L.261.

Rakib (Allowed) CRM (NDPS) 1228 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Englishbazar Police Station case no. 105 of 2026 dated 21.01.2026 under Sections 21(c)/29 of the NDPS Act.

And In the matter of : Samrat Das ......Petitioner.

Mr. Rana Mukhopadhyay .....for the Petitioner.

Mr. Pritam Roy Mr. Sanjib Das ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated on the basis of the statement of co-accused from whom the recoveries have been made and the subject matter of the case allegedly relate to recovery of 52 grams of brown sugar and 15 bottles of phensedyl from other accused persons. Additionally, it has been submitted that petitioner is in custody for more than four months.

Learned advocate appearing for the State opposes the prayer for bail but is unable to refute the contention that till date the materials collected by the investigating agency do not reveal any seizure from the present petitioner.

Having considered that the only material appearing against the present petitioner is statement of co-accused, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed.

As such, the petitioner, namely, Samrat Das shall be released on bail upon furnishing 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 Judge, Special Court (under NDPS Act), 3rd Court, Malda.

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

Additionally, till the investigation is over petitioner shall meet with the investigating officer of the case once in a fortnight. Thus, CRM (NDPS) No. 1228 of 2026 is allowed. Memo of evidence submitted by the State be kept with the record.

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.)