27.08.2026 Court No.35. D/L.788. Rakib (Allowed) CRM (NDPS) 1787 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 Gazole Police Station case no. 64 of 2026 dated 22.01.2026 under Sections 21(c)/25/27(A)/29 of the NDPS Act. And In the matter of : Vivek Kumar ……Petitioner. Mr. Md. Wasim Akram Ms. Sabrina Parveen .....for the Petitioner. Mr. Lokesh Sharma Mr. Mr. Srijit ……for the State. Learned advocate appearing for the petitioner submits that the subject matter of recovery in the present case is 298 grams of brown sugar and the petitioner was arrested on 22.01.2026. Learned advocate appearing for the State opposes the prayer for bail. I have taken into account the fact that the chemical examination report reflecting presence of Diacetylmorphine and 6- mono acetylmorphine. On a specific query, State submits that the Case Diary and the report submitted by the police authorities do not reflect any antecedents of the present petitioner. Having considered the overall circumstances and the fact that the judgment of the Hon’ble Supreme Court in Sentu Seikh – 2 Vs. – State of West Bengal [SLP (Crl.) No. 13987 of 2025] is applicable to the present case, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Vivek Kumar 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, Malda. 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 Malda without prior permission of the learned Special Court. Thus, CRM (NDPS) No. 1787 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)