17.07.2026 Court No.35. D/L.47. Rakib (Allowed) CRM (NDPS) 1238 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachak Police Station case no. 1560 of 2025 dated 08.09.2025 under Sections 21(c)/25/27(A)/29 of the NDPS Act. And In the matter of : Ujjal Mandal @ Ujjwal Mandal. ……Petitioner. Mr. Satadru Lahiri Mr. Md. Anwar Hossain Ms. Benajir Hasna Mr. Aliul Islam .....for the Petitioner. Mr. Gurudas Mitra Mr. Utsav Dutta ……for the State. Learned advocate appearing for the petitioner submits that the quantum of seizure of contraband in the present case is 309 grams of heroin and there has been recovery 18.27 lakh of cash money from the house of one Sultan Sk. Petitioner is in custody for more than two and half months and charge-sheet has already been submitted. On the other hand learned advocate appearing for the State opposes the prayer for bail and submits that petitioner has a criminal antecedent and was granted bail in an NDPS Act case by the Hon’ble Guahati High Court. Recovery of contraband was from the house of the present petitioner and it has been submitted since there is an antecedent of the petitioner, petitioner should not be released on bail. 2 I have taken into account the quantum of seizure in the present case and other accused person who has been granted bail because of the Chemical Examiner’s Report which reflects presence of discetylmorphine, 6-Monocetylmorphine and Morphine. Having regard to the fact that the present case is covered by Sentu Seikh –Vs. – State of West Bengal [SLP (Crl.) No. 13987/2025] and the petitioner has been granted bail on non- compliance of Section 36 of the BNSS by the Hon’ble Guahati High Court, I am of the opinion that further detention of the present petitioner is unwarranted in the facts of the case. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Ujjal Mandal @ Ujjwal Mandal 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 (under NDPS Act), 4th Court, Malda. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Malda without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1238 of 2026 is allowed. Memo of the evidence submitted by the State be kept with the record. 3 All parties shall act in terms of server copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)