27.08.2026 Court No.35. D/L.791. Rakib (Allowed) CRM (NDPS) 1790 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 Domkal Police Station case no. 348 of 2026 dated 10.04.2026 under Sections 21(C) of the NDPS Act. And In the matter of : Shahrukh Hasan ……Petitioner. Mr. Arnab Chatterjee Mr. Avik Ghosh .....for the Petitioner. Mr. Goutam Dey Mr. Arka Mukherjee ……for the State. Learned advocate appearing for the petitioner submits that petitioner is having a registered license to carry on medicine business. So far as the recovery in the present case is concerned, there was an agreement. The agreement was seized by the police authorities and it is from that godown which is adjacent to the shop where recovery has been made. Learned advocate appearing for the State submits that there are clinching evidence so far as the present petitioner is concerned. Petitioner is carrying on business as a pharmacist/medicine shop. The present case only reflects that alleged recovery of 6 cartons of eskuf cough syrup. Having considered that the prosecution is unable to deny that petitioner is carrying on a pharmacy but the only accusations against the petitioner is that storage of 6 cartons of eskuf cough syrup, I am of the opinion that so far as the license of the petitioner is concerned, if 2 the same is not cancelled, prima facie I am of the view that petitioner is carrying on business in violation of license. So far as the provisions of NDPS Act is concerned, although a case is made out but custodial detention of the present petitioner in unwarranted. Having regard to the same, I am of the opinion that prayer for bail of the petitioner is allowed. Accordingly, the petitioner, namely, Shahrukh Hasan 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), 5th 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. 1790 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.)