15.07.2026 Serial no. 23 [G.S.D] CRM (NDPS) 1026 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 No. 2284 of 2026 arising out of English Bazar PS Case No.149 of 2026 dated 02.02.2026 u/s 111/61(2) of the BNS, 2023 and sections 21(c)/25/27A/29 of the NDPS Act. -And- In the matter of : Md. Anesur Rahaman @ Anisur Rahaman & Anr. … … Petitioner(s) Mr. Sekhar Kumar Basu, Sr Adv. Mr. Soubhik Mitter Ms. Rajnandini Das Mr. Sk. Kabir … for the Petitioner(s) Dr. Pradip Banerjee, ld. APP Mr. Anurag Sardar … for the State-respondent(s) Mr. Basu, learned Senior Advocate, appearing for the petitioners submits that the petitioners are in custody since 4th February, 2026; the alleged seizure took place on 2nd February, 2026 and emphasizes that although, the petitioners have been named by the co-accused, but, there has been no recovery from the possession of the present petitioners. Learned Senior Advocate, as such, prays that the petitioners may be enlarged on bail. Learned advocate for the State opposes the prayer for bail and submits that there is complicity so far as the present petitioners are concerned. However, there has been no recovery from the present petitioners. Learned advocate 2 added that there is statement of the witnesses as also the other accused persons which implicates the present petitioners in the instant case. I have taken into account the period of detention of the present petitioners and the fact that for about five and half months, the petitioners are in custody. However, inspite of the same, there has been no recovery from the present petitioners. Having considered the same, I am inclined to release the present petitioners on bail. Hence, the prayer for bail of the petitioners is Allowed. Accordingly, the petitioners viz, Md. Anesur Rahaman @ Anisur Rahaman and Md. Rajiul Islam @ Md. Rejaul Islam shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only) each, 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), 3rd Court, Malda. If on bail, the petitioners shall also make themselves 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. 3 Additionally, the petitioners shall till the investigation is over meet with the Investigating Officer of the case once in a fortnight till the charge-sheet is submitted before the learned jurisdictional court. Accordingly, CRM (NDPS) 1026 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.)