Sultan Mamud Sarkar @ Sulthan Mahamud Sarkar v. State Of West Bengal

17.12.2025 Court No.35.

D/L. 38.

Kausik (Allowed) CRM (NDPS) 1653 of 2025 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Kumarganj Police Station Case No. 107 of 2025 dated 18.03.2025 under Sections 21(c)/22(c)/23(c)/25/27A/28 of the NDPS Act, 1985; And In the matter of : Sultan Mamud Sarkar @ Sulthan Mahamud Sarkar ......Petitioner.

Mr. Kaushik Choudhury ......for the Petitioner.

Ms. Rituparna De Ghose Ms. Rajnandini Das ......for the State.

Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 8 months and has been implicated on the basis of statement of co-accused. The subject matter of recovery is 205 bottles of Codine Phosphate from the house of the said co-accused. Petitioner submits that charges have been framed as such further detention of the petitioner is unwarranted. Learned advocate for the State opposes the prayer for bail and submits that witness action would commence from January, 2026.

Having regard to the quantum of seizure and the period of detention of the petitioner, I am of the view further detention is unwarranted.

Accordingly, the prayer for bail of the petitioner is allowed.

Petitioner, namely, Sultan Mamud Sarkar @ Sulthan Mahamud Sarkar 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 Learned Special Judge (under NDPS Act) Cum ADJ, 3rd Court, Dakshin Dinajpur at Balurghat. If on bail, the petitioner shall not leave the District of Dakshin Dinajpur without the permission of the Special Court and shall be physically present on each and every date fixed by the learned Trial Court.

Accordingly, CRM (NDPS) 1653 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.)