25.08.2026 Court No.446 Item No.26 ssi CRM (A) 2325 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Gangarampur Police Station Case No.611 dated 12.09.2025 under Sections 21 ( C)/22 (c )/23 ( c)/27A/28/29 of NDPS Act. And In the matter of: Aftabuddin Miah …. Petitioner Mr. Narayan Debnath Ms. Bishalaxmi Ghosh Ms. Taniya Chakraborty Mr. Md. Nesab Sarkar Ms. Anisha Haque …for the petitioner Ms. Mayukhi Mitra Mr. Abhinav Rakshit ..for the State Mr. N. Debnath, learned Advocate appearing on behalf of the petitioner, submits that the petitioner has been implicated in the present case solely on the basis of the confessional statement of a co-accused. He submits that the prosecution has failed to bring on record any material, apart from such statement, to connect the present petitioner with the alleged offence. He further submits that the charge-sheet has already been submitted and the principal accused is on bail. Taking note of these facts, he submits that the petitioner may be granted pre-arrest bail. Ms. Mitra, learned Advocate appearing for the State, produces the memo of evidence and the case diary and opposes the prayer for anticipatory bail made on behalf of the petitioner. She submits that, since it has not been possible for the Investigating Officer to nab the accused persons, no incriminating material could be collected against the present petitioner. Therefore, it appears that there is no material apart from the confessional statement against the present accused available in the case diary. 2 She submits that 120 bottles of cough syrup, allegedly containing codeine phosphate as a component, were shown to have been seized from the principal accused persons, who are presently on bail. She further submits that option was kept open to file a supplementary affidavit and, therefore, there is scope for further investigation. Taking note of the aforesaid facts, and in absence of any other materials, apart from the confessional statement of the co-accused, to connect the accused with the alleged offence, I am of the view that the privilege under Section 482 of the BNSS can be extended in favour of the petitioner. In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Special Judge (under the NDPS Act) cum AD & SJ, Dakshin Dinajpur, Balurghat, and shall also be subject to the conditions as laid down under Section 482(2) of the BNSS, 2023, and on the further condition that the petitioner shall co-operate with the investigation and shall not threaten or intimidate the witnesses. The petitioner shall meet the Investigating Officer as and when required. The application for anticipatory bail is, thus, disposed of. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. (Partha Sarathi Chatterjee, J.)