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2026 DAILYLAW 28824 (CAL)

SAFIKUL KABIRAJ AND ANR v. STATE OF WEST BENGAL

CRM (NDPS)/1230/2026 · 2026-07-17

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.07.2026 Court No.35. D/L.45. Rakib (Allowed) CRM (NDPS) 1230 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. 58 of 2026 dated 12.01.2026 under Sections 21(c)/25/27A/29 of the NDPS Act. And In the matter of : Safikul Kabiraj & Anr. ……Petitioners. Mr. Rana Mukhopadhyay .....for the Petitioners. Mr. Pritam Roy Mr. Saswata Chatterjee ……for the State. Learned advocate appearing for the petitioners submit that the subject matter of the case relate to alleged recovery of 53 bottles of phensedyl and the petitioners were arrested on 12.01.2026 and since then they are in custody, charge-sheet has already been submitted and the prosecution has relied upon 8 witnesses in support of its case. Learned advocate appearing for the State produces the Case Diary and a memo of evidence which reflects that there was seizure of 85 bottles of Codeine Phosphate which were seized on 12.01.2026 and 21.01.2026. I have taken into account the quantum of seizure in the present case and the period of detention of the present petitioners. Having considered that prosecution has relied upon 8 witnesses in the charge-sheet and some time will be required to take the trial to 2 its logical conclusion, I am inclined to release the petitioners on bail. Accordingly, the prayer for bail of the petitioners is allowed. As such, the petitioners, namely, Safikul Kabiraj and Atiur Kabiraj 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 petitioners 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. 1230 of 2026 is allowed. Memo of the evidence submitted by the State be kept with the record. 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.)