06.08.2026 Serial no. 15 [G.S.D] CRM (NDPS) 1224 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 NDPS Case No. 47 of 2026 arising out of Kaliachak PS Case No. 1665 of 2025 dated 24.09.2025 u/s 21(c)/27A/29 of the NDPS Act -And- In the matter of : Md Barkel Sekh @ Barkel @ Barkel Sk &Anr. … Petitioner(s) Mr. Sekhar Kr. Basu, Sr. Adv. Md. Wasim Akram Ms. Sabrina Parveen … for the Petitioner(s) Mr. Pritam Roy Ms. Anushka Ghosh … for the State-respondent(s) Learned Senior advocate appearing for the petitioners submits that the petitioners were arrested on 9th December, 2025 and there was no recovery from the present petitioners. Learned Senior Advocate emphasizes that although the subject-matter of the case relates to initial seizure of 39.272 kg of brown sugar and, subsequently, further recovery of 313 gm and 1.62 kg of brown sugar but there was no recovery from the present petitioners. According to the learned Senior advocate, the petitioners have been implicated on the basis of statement of co- accused. 2 Learned advocate for the State opposes the prayer for bail and submits that the petitioners were involved in the chain of events which led to huge recovery. I have perused the case diary as also the report produced by the Investigating Officer of the case and I find that there was neither any documentary evidence relating to money trail nor there are any Call Data Records. Further, I find that the initial arrest was because of the reasons that the petitioners were working as security guards which is evident from the statement of the arrested co-accused. However, such statement was obtained almost two and half months after the arrest of the accused person. Having considered the complicity of the present petitioners and the fact that there has been no recovery from the present petitioners, I am of the opinion that the petitioners are on the different footing than the other accused person from whom seizure has been effected. As such, I am inclined to enlarge the petitioners on bail. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Md Barkel Sekh @ Barkel @ Barkel Sk & Intajul @ Entajul @ Entajul Sk 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 3 must be local, to the satisfaction of the learned Judge, Special Court under NDPS Act, 4th 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. Accordingly, CRM (NDPS) 1224 of 2026 is allowed. Pending application(s), if any, is also disposed of. Report 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.)