Habibur Rahaman @ Habu Molla v. State Of West Bengal

10.02.2026 Court No.35.

D/L.172 Rakib (Allowed) CRM (NDPS) 1486 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 Gangarampur Police Station case no. 655 of 2024 dated 08.12.2024 under Sections 21(c)/22(c)/23(c)/27A/28 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Habibur Rahaman @ Habu Molla. ......Petitioner.

Mr. Kaushik Chowdhury ......for the Petitioner.

Mr. Antarikhya Basu Mr. Asraf Mondal ......for the State.

Learned advocate appearing for the petitioner submits that petitioner is in custody for about five months and the subject matter of the case relates to recovery of 497 bottles of phensedyl. Learned advocate submits that petitioner has been implicated on the basis of statement of co-accused.

Learned advocate for the State opposes the prayer for bail and submits that there are eight antecedents of the present petitioner.

Be that as it may, neither any CDR is available nor other additional evidence. Petitioner's complicity is restricted to statement of co-accused. Accordingly, I am of the view that further detention in connection with the present case is unwarranted. As such, the prayer for bail of the petitioner is allowed. Accordingly, petitioner namely, Habibur Rahaman @ Habu Molla 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 Special Judge (under NDPS Act) cum learned Additional District & Sessions Judge, 3rd Court, Balurghat, Dakshin Dinajpur.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of District of Dakshin Dinajpur without the prior permission of the learned Special Court. Accordingly, the prayer for bail in CRM (NDPS) 1486 of 2025 is allowed.

Report 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.)