15.07.2026 Serial no. 31 [G.S.D] CRM (NDPS) 1036 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 arising out of English Bazar PS Case No.149 of 2026 dated 02.02.2026 u/s 21(c)/25/27A/29 of the NDPS Act. -And- In the matter of : Md. Sanwar Hossain … … Petitioner(s) Mr. Amitabha Karmakar Mr. Arup Kumar Bhowmick … for the Petitioner(s) Mr. Gouranga Kr. Das, ld. APP Mr. Amal Dutta … for the State-respondent(s) Learned advocate, appearing for the petitioner submits that the petitioner is in custody since 4th February, 2026; the alleged seizure took place on 2nd February, 2026 and emphasizes that although, the petitioner has been named by the co-accused, but, there has been no recovery from the possession of the present petitioner. Learned Advocate, as such, prays that the petitioner 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 petitioner is concerned. However, there has been no recovery from the present petitioner. Learned advocate added that there is statement of the witnesses as also the 2 other accused persons which implicates the present petitioner in the instant case. I have taken into account the period of detention of the present petitioner and the fact that for about five and half months, the petitioner is in custody. However, inspite of the same, there has been no recovery from the present petitioner. Having considered the same, I am inclined to release the present petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Md. Sanwar Hossain 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), 3rd 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. Additionally, the petitioner shall till the investigation is over meet with the Investigating Officer of the case once 3 in a fortnight till the charge-sheet is submitted before the learned jurisdictional court. Accordingly, CRM (NDPS) 1036 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.)