Tofajul Sk @ Tofajul Sekh @ Tofajul v. State Of West Bengal

18.12.2025 Serial no. 690 [G.S.D] CRM (NDPS) 1354 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 of arising out of Baishnabnagar PS Case No. 1052 of 2025 dated 15.08.2025 u/s 21(c)/27A/29 of the NDPS, 1985.

-AndIn the matter of : Tofajul Sk @ Tofajul Sekh@ Tofajul ... ... Petitioner(s) Md. Wasim Akram ... for the Petitioner(s) Mr. Joydip Roy Mr. Santanu Deb Roy ... for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for 112 days and he has been implicated on the basis of the statement of a co-accused in respect of a case where 280 gm of brown sugar were recovered from the two accused persons, as such, on any stringent condition, the petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail but acknowledges that except the statement of a coaccused, there are no materials against the present petitioner.

However, the records of the case reflect that the investigation of the case is in progress.

In view of the aforesaid, I direct the learned Special Court to release the petitioner on bail after the chargesheet/report in final form is submitted by the investigating

agency. However, it would be the exclusive discretion of the learned special court concerned to take steps for ensuring the appearance of the petitioner in course of the trial. With the aforesaid observations, CRM (NDPS) 1354 of 2025 is disposed of.

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.)