10.07.2026 Serial no. 74 [G.S.D] CRM (NDPS) 846 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 100 of 2025 arising out of Shamsherganj PS Case No. 627 of 2025 dated 11.06.2025 u/s 21(c)/25/27A/29 of the NDPS Act. -And- In the matter of : Jalal Uddin Barbhuiya … … Petitioner(s) Ms. Arushi Rathore … for the Petitioner(s) Mr. P. Karan Singh Mr. Neel Chakraborty … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for more than a year; charges have been framed and some of the witnesses have been examined. Learned advocate emphasizes that the evidence of two independent seizure list witnesses [P.W.1 and P.W.2] do not support the prosecution’s case. Learned advocate for the State opposes the prayer for bail. In view of the recovery being of commercial quantity, at this stage of consideration of bail, only the subject-matter is whether the rigors of Section 37 of the NDPS Act is in any form or the other diluted. Having considered the evidence adduced so far, I am of the view that the rigors of Section 37 of the NDPS Act is 2 not attracted, as such, I am inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Jalal Uddin Barbhuiya 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, 5th Court, Berhampore, Murshidabad. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special Court/trial court and shall not leave the district of Murshidabad without prior permission of the learned Special court/trial court. Accordingly, CRM (NDPS) 846 of 2026 is allowed. Memo of Evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Tirthankar Ghosh, J.) 3