Extracted from the PDF above. The PDF is authoritative.
04.08.2026 Sl. No.20. Ct. No.237 Suman
CRR 3078 of 2026 Md Motiur Rahaman -vs- The State of West Bengal Mr. Abu Zar Ali Mr. Sk. Md. Wasim Akram ..for the petitioner Mr. Kallol Mondal, ld. P.P. Mr. Subir Ganguly Mr. Sandeep Prasad Shaw ..for the State The petitioner has challenged the order dated June 12, 2026, passed by the learned Additional District Judge, Special 4th Court, Malda, in PTN Case No. 1432 of 2025, corresponding to NDPS Case No. 43 of 2026, arising out of Kaliachak Police Station Case No. 1674 of 2025 dated September 25, 2025, alleging the commission of offences punishable under Sections 21(c), 25, 27A, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, corresponding to Charge Sheet No. 247 of 2026 dated March 17, 2026, which is pending before the learned Judge, Special Court, Additional District Judge, 4th Court, Malda.
Learned counsel appearing for the petitioner submits that the learned Judge was not justified in issuing the order of attachment simultaneously with the order of proclamation. It is further submitted that the petitioner received the notice of proclamation on June 10, 2026.
Learned counsel further submits that the petitioner's application for anticipatory bail was rejected on July 22, 2026, and that the petitioner is now willing to surrender before the learned Trial Court. Having regard to the aforesaid facts and circumstances, liberty is granted to the petitioner to surrender before the learned Trial Court within a period of two weeks from date. Upon such surrender, the learned Trial Court shall deal with the petitioner in accordance with law. If the petitioner surrenders before the learned Trial Court within the period stipulated above, the operation of the order dated June 12, 2026, shall remain stayed until further orders of the learned Trial Court. In the event the petitioner fails to surrender within the aforesaid period, the stay granted by this Court shall automatically stand vacated, whereupon the order dated June 12, 2026, shall revive and the learned Trial Court shall be at liberty to proceed against the petitioner in accordance with law. Accordingly, CRR 3078 of 2026 is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on usual undertakings. (Kausik Chanda, J.) 2