D/L767 27.08.2026 Bpg. Allowed C.R.M. (NDPS)1765 of 2026 In Re: An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kaliachak Police Station Case No.97 of 2026 dated 19.01.2026 under Sections 21(C)/27A/ 25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985; Mursalim Sk & Anr. Versus The State of West Bengal Mr. Arup Kumar Bhowmick. …for the petitioners. Mr. Somnath Adhikary Ms. Madhurai Sinha. …for the State. Learned advocate appearing for the petitioners submits that the petitioners were arrested on 19.01.2026 and have been implicated for alleged recovery of 307 grams of brown sugar. Learned advocate for the State opposes the prayer for bail. On a specific query, it has been submitted that State has no instruction as to whether there are any previous antecedents of the present petitioners. Report of the investigating officer also do not mention any details to the said aspect. Chemical examiner’s report reflects presence of Diacetylmorphine(Heroin), 6- Monoacetylmorphine, Morphine-3-acetate and Acetylcodeine. Having considered that the judgment of Hon’ble Supreme Court in SLP(Crl.) No.13987 of 2025 (Sentu Seikh Versus State of 2 West Bengal) is applicable to the present case, I am inclined to grant bail to the petitioners. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners, namely, Mursalim Sk and Aktar Sk shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each with two sureties of Rs.10,000/- each, one of whom must be local to the satisfaction of the learned Judge, under NDPS Act, 4th Court, Malda. If on bail, the petitioners shall be physically present on each and every date before the learned trial court and shall not leave the district of Malda without prior permission of the learned special court. Thus, CRM(NDPS) 1765 of 2026 is allowed. Memo of Evidence submitted by the State be kept with the record. All parties shall act on the server copy of this order duly 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 of all requisite formalities. (Tirthankar Ghosh, J.)