17.09.2026 M/L - 221 Court No.35 Rohan (Partly Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 2908 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kumarganj Police Station Case No. 125 of 2024 dated 21.04.2026 for the offences punishable under Sections 21(c)/22(c)/25/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. -And- In the matter of: Hajarat Ali Molla & Ors. …Petitioners Mr. Kaushik Choudhury Mr. Dwaipayan Panda …for the Petitioners Mrs. Arushi Rathore Mr. Kuntal Ray …for the State 1. Learned advocate appearing for the petitioners submits that the petitioners are innocent and they have been falsely implicated in connection with the instant case. There is no recovery from the present petitioners and as such, they may be granted anticipatory bail. 2. Learned advocate appearing for the State submits that recovery of 193 bottles of codeine mixture was effected from the house of petitioner No. 1, namely, Hajarat Ali Molla. So far as petitioner Nos. 2 and 3 are concerned, it has been submitted that from the car of the brother of the petitioner No. 2, there has been further 2 recovery of 25 bottles of Eskuf syrup. However, the owner of the car has been made an accused in the present case. 3. In view of the aforesaid, the petitioner Nos. 2 and 3 cannot be foisted with the accusation. 4. Be that as it may, the investigation is in progress, however, custodial detention of the petitioner Nos. 2 and 3 are unwarranted as there are no antecedents of the petitioners and there has been no recovery from either of the two petitioners or from their hide out. 5. As such, the prayer for anticipatory bail of the petitioner Nos. 1, namely, Hajarat Ali is rejected. 6. So far as petitioner Nos. 2 and 3, namely, Masud Alam Molla and Chhaleman Molla are concerned, their prayer for anticipatory bail is allowed. 7. As such, I direct that in the event of arrest, the petitioner Nos. 2 and 3 be released on bail by the Investigating Officer/Arresting Officer of the case on such terms and conditions as it deems fit and proper. This would be subject to the conditions under Section 438(2) of the Cr.P.C. and/or under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023. 8. As investigation is in progress, petitioner No. 1 shall report to the Investigating Officer within a period of 10 days and on all subsequent dates as required by the Investigating Officer till the report in final form is submitted before the Jurisdictional Court. 3 9. With the aforesaid observation, C.R.M. (A) 2908 of 2026 is disposed of. 10. Memo of evidence submitted be kept with the record. 11. All parties shall act in terms of the server copy of the order downloaded from the official website of this Court. 12. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)