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2026 DAILYLAW 33554 (CAL)

MOSTAFFA MIAH @ MOSTAFA MIA @ MOSTO v. STATE OF WEST BENGAL

CRM (NDPS)/1614/2026 · 2026-08-12

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

12.08.2026 Court No.35. D/L.47. Rakib (Allowed) CRM (NDPS) 1614 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 Gangarampur Police Station case no. 629 of 2025 dated 18.09.2025 under Sections 21(c)/22(c)/23(c)/27A/28/29 of the NDPS Act. And In the matter of : Mostaffa Miah @ Mostafa Mia @ Mosto. ……Petitioner. Mr. Kaushik Choudhury Mr. Dwaipayan Panda Mr. Tridib Das .....for the Petitioner. Mr. Lokesh Sharma Ms. Anindita Mukherjee ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody for about three months and the quantum of seizure in the instant case from the co-accused is 170 bottles of Fairdyl cough syrup. Charge-sheet has already been submitted before the jurisdictional Court and the prosecution has relied upon 14 witnesses. Learned advocate appearing for the State opposes the prayer bail and but is unable to refute the contention that the petitioner’s complicity so far as the present case is concerned is based on the statement of the co-accused. On a specific query from this Court learned advocate for the State submitted that there are no materials to suggest that there are any call data records and money trail available in the Case Diary. 2 However, it has been submitted that there are six antecedents of the present petitioner. In view of the substantive materials absent to far as the present petitioner is concerned in the instant case, I am of the opinion that further detention of the present petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is allowed. As such, the petitioner, namely, Mostaffa Miah @ Mostafa Mia @ Mosto shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) 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), 3rd Court, Dakshin Dinajpur, Balurghat. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of North 24 Dakshin Dinajpur without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1614 of 2026 is allowed. Memo of 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)