Noor Islam @ Nur Islam Miya v. State Of West Bengal

18.12.2025

IN THE HIGH COURT AT CALCUTTA

Item No. M/L. 749 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

Allowed C.R.M. (NDPS) 1509 of 2025 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 Gangarampur Police Station Case No. 648 of dated 04.12.2024 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Noor Islam @ Nur Islam Miya ... Petitioner.

Mr. Kaushik Choudhury ... For the Petitioner.

Mr. Bibaswan Bhattacharya, Mr. Asraf Mandal ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated in connection with the instant case on the basis of statement of co-accused and the subject-matter of the case involves recovery of 124 bottles of Phensedyl and Pyrazinamide Tablets.

Additionally, it has been submitted that since charge has been framed, petitioner may be released on bail. Learned advocate appearing for the State, on the other hand, opposes the prayer for bail and submits that commercial quantity of contraband was seized in connection with the instant case. However, State is unable to dislodge the argument that the petitioner was arrested only on the statement of the co-accused and there has been no recovery from the present petitioner.

Having considered the period of detention of the present petitioner and the fact that charges have been framed, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner viz., Noor Islam @ Nur Islam Miya shall be released on bail upon furnishing bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Special Court under the NDPS Act-cum-Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat. If on bail, the petitioner shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Dakshin Dinajpur without prior permission of the learned Special Court.

The application for bail, being CRM (NDPS) 1509 of 2025, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly 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.)