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2026 DAILYLAW 36427 (CAL)

MOSTAKIN GAZI v. STATE OF WEST BENGAL

CRM (A)/2780/2026 · 2026-08-27

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.08.2026 Serial no. 66 [G.S.Das] Assistant Registrar (Court) CRM (A) 2780 of 2026 In re : An Application under Section 482 of the BNSS, 2023/under Section 438 of the Cr.P.C. in connection with Basirhat PS Cse No. 125 of 2026 dated 13.02.2026 u/s 21(c)/25/27/29 of the NDPS Act. -And- In the matter of : Mostakin Gazi … Petitioner(s) Mr. Angshuman Chakraborty Mr. S. S. Saha … for the petitioner(s) Mr. Aniruddha Bhattacharyya Mr. Supriya Mahajan … for the State-respondent(s) Learned advocate for the petitioner submits that the petitioner has been implicated only because he happens to be the owner of the vehicle which was being plied by the driver and the alleged recovery from the said vehicle was 2040 bottles of wincrex cough syrup. Learned advocate for the State opposes the prayer for anticipatory bail and submits that charge-sheet has been submitted only against the present petitioner. Learned advocate also submits the report do not reflect any antecedent of the present petitioner. 2 Having considered that there are no antecedent of the present petitioner and charge-sheet has already been submitted before the learned jurisdictional court, I am inclined to enlarge the petitioner on anticipatory bail. Hence, the prayer for anticipatory bail of the petitioner is Allowed. Accordingly, I direct that in the event of arrest, the petitioner [Mostakin Gazi] be released on anticipatory bail subject to the satisfaction of the arresting officer of the case and also subject to the conditions as laid down under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. As charge-sheet has been submitted, this order of anticipatory bail will remain in force for a period of six weeks from date. Accordingly, CRM (A) 2780 of 2026 is disposed of. Memo of evidence submitted be kept with the record. Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. (Tirthankar Ghosh, J.) 3