Calcutta High Court
CRM (NDPS)/1947/2026 of NAJIBUR RAHAMAN @ ANOTHER Vs STATE OF WEST BENGAL on 16 September 2026
Court No.35. D/L.34. Rakib (Allowed) CRM (NDPS) 1947 of 2026 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 Bamangola Police Station case no. 10 of 2026 dated
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16.09.2026 Court No.35. D/L.34. Rakib (Allowed)
CRM (NDPS) 1947 of 2026
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 Bamangola Police Station case no. 10 of 2026 dated 28.01.2026 under Sections 21(c)/29 of the NDPS Act.
And In the matter of : Najibur Rahaman & Anr.
……Petitioners. Mr. Abu Zar Ali Mr. Sk. Md. Wasim Akram
.....for the Petitioners. Mr. Krishnendu Bhattacharya, Ld. APP Ms. Tanushree Kar
……for the State.
Learned advocate appearing for the petitioners submit that petitioners are in custody for more than seven months. It has been submitted that the prosecution case is based upon the fact that there has been alleged recovery of 309.83 grams of brown sugar. The chemical examiner’s report has not been quantified and there is no possibility of the trial being taken to its logical conclusion as the prosecution has relied upon 14 witnesses in order to prove its case. Learned advocate appearing for the State has opposed the prayer for bail in view of the quantum of recovery of brown sugar in the present case. State has produced the Case Diary. I have taken into account the chemical examiner’s report and in view of the judgment of Sentu Seikh –Vs. – State of West Bengal [SLP (Crl.) No. 13987 of 2025] and the chemical examiner’s report reflecting presence of diacetylmorphine, morphine, codeine and 6- mono-acetylmorphine. Having regard to the same, I am inclined to
2 release the petitioners on bail. Accordingly, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners, namely, Najibur Rahaman and Mijanur Sarkar shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court (under NDPS Act), 3rd Court, Malda. If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Malda without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1947 of 2026 is allowed. Memo of evidence 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.)