Mominul Islam @ Raju v. The State Of West Bengal

CALCUTTA HIGH COURT

IN THE CIRCUIT BENCH

AT JALPAIGURI 24.12.2025 Court No.01 Item No.70 Avijit Mitra CRM (A) 1003 of 2025 In Re:- An application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023;

And In Re: Mominul Islam @ Raju -Petitioner Mr. Kumar Shantanu, Mr. Taiab Sahadat, Mr. Parthib Bhowmick ...for the Petitioner Mr. Kallol Acharjee, Ms. Sukanya Adhikary ...for the State Apprehending arrest in connection with Falakata Police Station Case No.469 of 2025 dated 22.09.2025 under Sections 21(c)/25/29 of the NDPS Act, 1985, the present application has been preferred.

Mr. Shantanu, learned advocate appearing for the petitioner submits that the petitioner has been falsely implicated. His mother has been hospitalized and he is not being able to attend his mother. In support of such contention reliance has been placed upon a medical certificate. Let the same be kept on record.

He further submits that there had been no recovery of contraband substance above commercial quantity from the possession of the petitioner and his name has transpired on the basis of co-accused's statement.

Mr. Acharjee, learned advocate appearing for the State opposes the petitioner's prayer and submits that investigation is still continuing.

It appears that there has been no recovery of contraband substance above commercial quantity from the possession of the petitioner and that rigor of Section 37 of the NDPS Act are, prima facie, not attracted against the petitioner. His name has transpired on the basis of the statement of co-accused persons. In the said conspectus, I am of the opinion that the petitioner's custodial interrogation is not necessary.

Accordingly, I direct that in the event of arrest the petitioner, namely, Mominul Islam @ Raju shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita with a further condition that the petitioner shall meet with the investigating officer once in a week till investigation is complete.

The application for anticipatory bail, being CRM (A) 1003 of 2025, is disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tapabrata Chakraborty, J.)