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2026 DAILYLAW 28060 (CAL)

BINOD MAHATO @ BINUD MAHATO v. STATE OF WEST BENGAL

CRM (NDPS)/984/2026 · 2026-07-14

Tirthankar Ghosh

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.07.2026 Serial no. 30 [G.S.D] CRM (NDPS) 984 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 PTN Case No. 1467 of 2025 arising out of Kaliachak PS Case No. 1749 of 2025 dated 10.10.2025 u/s 21(c)/27(A)/29 of the NDPS Act. -And- In the matter of : Binod Mahato @ Binud Mahato … … Petitioner(s) Md. Wasim Akram Ms. S. Parveen Mr. Anwar Hossain … for the Petitioner(s) Mr. Rajendra Banerjee, ld. APP Mr. Amartya Mohan Bhattacharyya … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner is in custody for about nine months and the alleged recovery in the present case is 311 gm of brown sugar; charge-sheet has already been submitted and another accused person is absconding. Learned advocate also submits that the prosecution has relied upon 10 witnesses, as such, there is no possibility of the trial being concluded in the near future. Therefore, learned advocate, prays that the petitioner may be enlarged on bail. Learned advocate for the State opposes the prayer for bail as commercial quantity of contraband has been recovered. 2 I have taken into account the chemical examiner’s report which reflects the presence of Diacetylmorphine (Heroin) and 6-Monoacetylmorphine. Having considered that the case is covered by the judgment of the Hon’ble Supreme Court in [Sentu Seikh – v- State of West Bengal [SLP (Crl.) No. 13987 of 2025], I am inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Binod Mahato @ Binud Mahato 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 (NDPS Act), 4th Court, Malda. 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 Malda without prior permission of the learned Special court/trial court. Accordingly, CRM (NDPS) 984 of 2026 is allowed. 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