17.08.2026 Court No.35. D/L.06. Rakib (Allowed) CRM (NDPS) 1634 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 Lalgola Police Station case no. 544 of 2025 dated 26.06.2025 under Sections 21(c)/29 of the NDPS Act. And In the matter of : Md Asadul Hoque @ Prince ……Petitioner. Mr. Tapodipp Gupta Ms. Ushashi Chattopadhyay .....for the Petitioner. Mr. Aniruddha Bhattacharya Mr. Rohan Bavishi ……for the State. Learned advocate appearing for the petitioner submits that the subject matter of the present case relate to alleged recovery of 289 grams of heroin. So far as the present petitioner is concerned prosecution has foisted him with number of criminal cases. However, petitioner has been acquitted in one of the cases arising of Lalgola Police Station case no. 731 of 2021. So far as the present case is concerned the only material appearing against the present petitioner relate to statement of co-accused. Learned advocate appearing for the State opposes the prayer for bail and submits that three other cases under the NDPS Act are against the petitioner. I have taken into account the materials appearing against the petitioner and on specific query learned advocate for the State submits that there are no CDR or money trail in the present case. 2 So far as the present petitioner is concerned the only material appearing against him is that he was supposed to receive the contraband as stated by the State. Having considered the overall circumstances appearing against the petitioner, I am inclined to release the petitioner on bail as there has been no recovery from him. Accordingly, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Md Asadul Hoque @ Prince 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), 2nd Court, Berhampore, Murshidabad. 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 Murshidabad without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1634 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.)