06.08.2026 Court No.35. D/L.22. Rakib (Allowed) CRM (NDPS) 1513 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 Mothabari Police Station case no. 9 of 2026 dated 03.01.2026 under Sections 21(C)/29 of the NDPS Act. And In the matter of : Soleman Sk ……Petitioner. Mr. Arup Kumar Bhowmick .....for the Petitioner. Mr. Gurudas Mitra Mr. Utsav Dutta ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for more than six months and has been detained in alleged recovery of 25 bottles of Eskuf cough syrup while he was in custody in connection with the another case. Petitioner claims innocence and prays for bail. Learned advocate appearing for the State opposes the prayer for bail in view of the commercial quantity of contraband was seized in connection with the instant case. This Court perused the Case Diary and found that there are three seizures in the present case: 1st seizure was effected on 02.01.2026; 2nd seizure was effected on 30.01.2026 and the 3rd seizure effected on 14.03.2026. In respect of the 1st seizure recovery was 25 bottles of Eskuf cough syrup, in respect of the 2nd seizure 25 2 bottles of Eskuf cough syrup and in respect of the 3rd seizure Fairdyl cough syrup was recovered. I have also taken into account the chemical examiner’s report in respect of the inventories which were made and the samples which were sent for chemical examiner’s report, the same do not match so far as the seizure effected from the present petitioner is concerned. From the brief facts of the case narrated in the charge-sheet it reflects that no inventory was also done in respect of the seizure which was effected on 30.01.2026 which refers to the present petitioner. As such, unnecessarily the petitioner is detained in connection with the instant case. Having considered the conduct of the investigating officer, I am of the opinion that the same should have been brought to the notice of the learned Trial Court/Special Court. The seizures in respect of the present petitioner, as such is questionable. Having considered the overall circumstances of the case, I am of the opinion that present petitioner namely, Soleman Sk may be released on bail subject to the satisfaction of the learned Trial Court/Special Court. Accordingly, the prayer for bail of the petitioner in CRM (NDPS) 1513 of 2026 is allowed. Case Diary be returned to the learned Advocate appearing for the State. 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.)