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Calcutta High CourtCRM (NDPS)/1353/2025allowed

Kamrujjaman Chowdhury @ Jaman Biswas v. State Of West Bengal

2025-12-18Hon'Ble Justice Tirthankar Ghosh3 pages

18.12.2025 Serial no. 689 [G.S.D] CRM (NDPS) 1353 of 2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with PTN Case No. 673 of 2025 arising out of Kaliachak PS Case No. 1044 of 2025 dated 15.06.2025 u/s 21(c)/25/27A/29 of the NDPS Act.

-AndIn the matter of : Kamrujjaman Chowdhury @ Jaman Biswas ... ... Petitioner(s) Md. Wasim Akram ... for the Petitioner(s) Mr. Anand Keshari Ms. Debadrita Mondal ... for the State-respondent(s) Learned advocate for the petitioner submits that the subject-matter of the case relates to recovery of 478 gm of brown sugar from the two accused persons and the petitioner has been detained on the basis of the statement of a co-accused. Learned advocate also submits that the petitioner is in custody for more than 158 days, as such, on any stringent condition, the petitioner may be enlarged on bail.

Learned advocate for the State, on the other hand, opposes the prayer for bail and submits that there are antecedents of the present petitioner.

Having considered the period of detention as also the fact that the petitioner has been implicated in the case only on the basis of the statement of a co-accused, I am of the

view that the rigours of Section 37 of the NDPS Act is diluted, as such, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is Allowed.

Accordingly, the petitioner viz, Kamrujjaman Chowdhury @ Jaman Biswas 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, 4th Court, Malda under NDPS Act.

If on bail, the petitioner shall appear on each and every date of the trial so fixed by the learned trial court and shall not leave the district of Malda without prior permission of the learned trial court/special court.

Accordingly, CRM(NDPS) 1353 of 2025 is allowed. Pending application(s), if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)