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2026 DAILYLAW 31171 (CAL)

MALEK MOMIN v. STATE OF WEST BENGAL

CRM (NDPS)/1369/2026 · 2026-07-29

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

29.07.2026 Court No.35. D/L. 49. Kausik (Rejected) CRM (NDPS) 1369 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Kaliachak Police Station Case No. 1210 of 2025 dated 02.07.2025 under Sections 21(c)/27A./29 of the NDPS Act, 1985. And In the matter of : Malek Momin ……Petitioner. Ms. Irina Mullick ……for the Petitioner. Mr. Shataroop Purkayastha ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for about 13 months and has been implicated for alleged recovery of 705 Gms. of Brown Sugar. There is no possibility of the trial being concluded in near future. As such the petitioner be released on bail. Learned advocate for the State opposes the prayer for bail and submits that seizure was from the possession of the present petitioner. There are 6 witnesses on which prosecution has relied upon. It has been informed that other accused persons are absconding. As such, the trial is being delayed. Consequently, I direct the learned Trial Court to split up the trial after exhausting the process of law and at the earliest overcome the stage of consideration of charges. Learned 2 Trial Court would on priority examine the independent seizure list witnesses in the present case. Petitioner would be at liberty to approach this Court after the evidence of the seizure list witnesses is over. At this stage, the prayer for bail of the petitioner in CRM (NDPS) 1369 of 2026 is rejected. 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.)