21.05.2025 Sl. no. 47 Ct. No. 29 P.M. (Allowed) C.R.M. (NDPS) 448 OF 2025 In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Berhampore Police Station Case No. 1917/2024 dated 26.11.2024 under Sections 20(b) (ii)(c)/29 of the NDPS Act. And In the matter of : Arif Mafuj & Anr. …. Petitioner Mr. Jisan Iqubal Hossain …. For the petitioner Mr. Madhusudan Sur, Ld. APP, Mr. Sana Naar … for the State Petitioners contention is that four accused persons were apprehended on the ground that they were in conscious possession of 24 Kg. 680 gms of Ganja. The name of the present petitioners transpired from the co-accused statement. The present petitioner is in custody for about four months. However, charge sheet has already been submitted on 4th May, 2025, though charge has yet not been framed. He further submits that nothing was recovered from the possession of the present petitioner and that nobody knows when the trial would be concluded and as such he may be granted bail on any terms and conditions. Learned counsel appearing on behalf of the State in his usual fairness submits that during investigation the name of the present petitioner transpires. However, nothing was recovered from the possession of the present petitioner and investigation has already been ended in a charge sheet. Having considered the facts and circumstances of this case and considering the submissions made by both the parties it appears that the rigour of Section 37 of the NDPS Act may not attract in the present case in respect of the present petitioners and as such the prayer for bail made by the petitioners is considered and allowed. The petitioners namely Arif Mafuj and Sorip Mafuj @ Sarif Mafuj shall be released on bail upon furnishing a Bond of Rs. 20,000/- each with two registered sureties of Rs. 10,000/- each, of which one must be local, to the satisfaction of the learned Chief Judicial Magistrate, Murshidabad and also on condition that the accused persons shall not mis-use the liberty granted by this Court and they shall not tamper with any evidence orally or documentary during the trial. They shall not absent themselves on any day during trial and shall not commit any offence while on bail. They shall give his mobile phone numbers to the local police Station and shall not change it without prior permission of the trial court and they shall not in any manner try to delay the trial. Petitioners shall not leave the geographical limit of district Murshidabad without leave of the trial Court and also on condition that they will report to the Inspector-in-charge, Berhampore P.S. once in a fortnight till further order. The Court below will be at liberty to cancel the bail in the event of violation of any of the conditions without making any reference to this Court. Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case. Accordingly CRM (NDPS) 448 of 2025 stands disposed of. Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)