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2026 DAILYLAW 26932 (CAL)

MOMINUR HAQUE@MAMINUR HOQUE v. THE STATE OF WEST BENGAL

CRM(NDPS)/319/2026 · 2026-07-07

Amrita Sinha

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.07.2026 Sl. No.42 Court No.7 Susanta CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 319 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagrik Suraksha Sanhita 2023 filed in connection with Falakata Police Station Case No. 383 of 2025 dated 28.07.2025 under Sections 21(c)/29 of the NDPS Act, 1985. In Re : Mominur Haque @ Maminur Hoque … Petitioner. Mr. Nilay Chakraborty, Mr. Sourav Lohani … for the Petitioner. Mr. Avrojyoti Das, Ld. APP Ms. Madhushri Dutta … for the State. 1. The petitioner is in custody from 28th July, 2025. Commercial quantity of contraband was recovered from his possession. 2. It has been submitted that the petitioner was passing in a motorcycle. The four-wheeler vehicle with the contraband article was intercepted by the police. The petitioner is no way connected with the instant case. He has been falsely implicated. 3. The petitioner prays for bail. 4. Learned counsel representing the State opposes the prayer for bail of the petitioner. 5. It has been submitted that all statutory compliances have been made. 6. Upon hearing the parties, it appears that the petitioner did not press his application for bail and the earlier application being CRM(NDPS) 94 of 2026 stood dismissed as ‘not pressed’ on 18th March, 2026. 2 7. It does not appear that there is any change in circumstances. Commercial quantity of contraband articles is reported to have been seized from his possession. The petitioners are unable to overcome the rigours of Section 37 of the NDPS Act. It is not a fit case for allowing the petitioner’s prayer for bail. 8. The application for bail stands rejected. 9. Parties to act on the basis of the server copy of this order duly downloaded from the official website of this Court. 10. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities. (Amrita Sinha, J.)