Amirul Mia @ Gondu And ANR. v. State Of West Bengal

04.12.2025 Court No.35.

M/L. 497.

Rakib (Allowed) CRM (NDPS) 1090 of 2025 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 Kaliachak Police Station case no. 868 of 2025 dated 24.05.2025 under Sections 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Amirul Mia @ Gondu & Anr.

......Petitioners.

Mr. Md. Wasim Akram Ms. S. Parveen ......for the Petitioners.

Mr. Antarikhya Basu Mrs. Manasi Roy ......for the State.

Learned advocate appearing for the petitioners submits that the petitioners have been implicated in connection with the present case on the basis of statement of co-accused and there is no recovery from the possession of the present petitioners. Petitioners are in custody for five months twelve days and there is no possibility of the trial being concluding in near future.

Learned advocate for the State opposes the prayer for bail and submits that 347 phensedyl bottles were recovered from the possession of a co-accused.

In view of the locus of the present petitioners, I am of the view that further detention of the petitioner is unwarranted

in the facts of the present case. Accordingly, the prayer for bail of the petitioner is allowed.

As such petitioners namely, Amirul Mia @ Gondu and Wahed Ali @ Atabul 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 under NDPS Act cum learned Additional District Judge, 4th Court, Malda.

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 petitioners shall not leave the jurisdiction of district of Malda without the prior permission of the learned Special Court.

Accordingly, CRM (NDPS) No. 1090 of 2025 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.)