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Calcutta High CourtCRM (NDPS)/1332/2026allowed

Sariful Molla And ANR. v. State Of West Bengal

2026-07-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.07.2026 In the High Court at Calcutta Sl. No. DL 294 Court No. 35 Criminal Miscellaneous Jurisdiction ALLOWED Asraf, A.R.(Ct.) Case No.

CRM (NDPS) 1332 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 corresponding to Section 439 of the Code of Criminal Procedure, 1973 filed in connection with Raninagar Police Station case no.647 of 2024 dated 24.10.2024 under Sections 21(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

-ANDIn the matter of :

SARIFUL MOLLA & ANR.

......Petitioners For the Petitioners :

Mr. Arnab Chatterjee Mr. Avik Ghosh ...Advocates For the State :

Mr. L. V. Kumar Mr. Sanjib Das ...Advocates 1.

Learned advocate appearing for the petitioners submits that earlier on 15.10.2025, the prayer for bail of the petitioners was rejected by the Hon'ble Supreme Court in Special Leave to Appeal (Crl.) No.15735 of 2025. Subsequently, the prayer for bail of the accused was rejected in the month of January, 2026. There has been change of circumstances as two of the seizure list witnesses were examined by the prosecution, one of them, namely, Suman Ghosh was declared hostile and the other seizure list witness, namely, Munna Molla was tendered by the prosecution.

2.

Having considered the change in circumstances, the period of detention being one year seven months and there are

nine more witnesses are yet to be examined by the prosecution, I am inclined to release the petitioners on bail. 3.

Accordingly, the prayer for bail of the petitioners is allowed.

4.

As such, the petitioners, namely, Sariful Molla and Makbul Sk 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 Judge, Special Court, NDPS Act, Berhampore, Murshidabad.

5.

If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court in seisin of the case. The petitioner shall not leave the district of Murshidabad without prior permission of the concerned Court.

6.

Accordingly, CRM(NDPS) 1332 of 2026 is disposed of. 7.

Case diary be returned to the learned advocate appearing for the State.

8.

All parties shall act on the basis of server copy of this order duly downloaded from the official website of this Court. 9.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all necessary formalities.

( Tirthankar Ghosh, J. )