08.07.2026 Court No.35. D/L.306. Rakib (Allowed) CRM (NDPS) 1391 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 Gaighata Police Station case no. 1029 of 2023 dated 19.10.2023 under Sections 21(c)/25/25A/27A/29 of the NDPS Act. And In the matter of : Asim Bala alias Ashim Bala ……Petitioner. Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha .....for the Petitioner. Mr. L. Vishal Kumar ……for the State. Learned advocate appearing for the petitioner submits that the petitioner is in custody for two years eight months and till date only 13 witnesses have been examined out of the 30 witnesses cited by the prosecution. Learned advocate for the petitioner emphasizes that there has been no recovery from the present petitioner which was disputed by the learned advocate for the State. It has been the contention of the State that petitioner divulged the properties of two other accused persons who have been detained in connection with the instant case and from the said two properties substantial quantum of contraband was recovered. The principal allegation against the petitioner is that he is a carrier in respect of the heroin. Be that as it may, so far as the owners of the property are concerned, they are already in custody. 2 I have taken into account the period of detention as well as the complicity of the present case. Having considered the same, I am of the opinion that further detention of the present petitioner is unwarranted in the facts and circumstances of the case in spite of the subject matter of the case involving 7.811 kgs of heroin being recovered (and other attending materials). Accordingly, the prayer for bail of the petitioner is allowed. As such, the petitioner, namely, Asim Bala alias Ashim Bala shall be released on bail upon furnishing 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 the learned Judge, Special Court (under NDPS Act), 6th Court, Barasat, North 24 Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of North 24 Parganas without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1391 of 2026 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.)