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2026 DAILYLAW 47340 (CAL)

MINARUL MOLLA @ MINU v. STATE OF WEST BENGAL

CRM (NDPS)/2041/2026 · 2026-10-07

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

07.10.2026 Court No.35. D/L. 120. Kausik (Rejected) CRM (NDPS) 2041 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with Balurghat Police Station Case No. 459 of 2025 dated 12.07.2025 under Sections 21(c)/22(c)/23(c)/25/27A/29 of the NDPS Act, 1985. And In the matter of : Minarul Molla @ Minu ……Petitioner. Mr. Ayan Bhattacharjee, Sr. Adv. Mr. Kaushik Chowdhury Mr. Dwaipayan Panda ……for the Petitioner. Mr. Rajendra Banerjee, Ld. APP Ms. Samira Grewal Ms. Pritha Singha ……for the State. Learned advocate appearing for the petitioner submits that although there were seizures of 2400 bottles of Wincerex Cough Syrup but only 480 bottles of such cough syrup was recovered from the possession of the present petitioner. There has been no improvement in the case since the petitioner earlier approached before this Court. There is no possibility of the trial commencing or taken to its logical conclusion within a short period of time. As such, petitioner may be released on bail. Learned advocate for the State opposes the prayer for bail and submits that the seizure in the case is of commercial 2 quantity. Pursuant to the earlier direction dated 21.04.2026 trial has been split up. Charges have been framed and dates have been fixed for witness action. The report submitted reflects that date was fixed on 06.10.2026 for evidence of CSW 1 and CSW 2. Further information could not be furnished today when the matter has been taken up. I direct the learned Trial Court that priority be given to the independent seizure list witnesses cited by the prosecution and the same be completed by 31st January, 2027. Having considered that the petitioner is also having an antecedent, I am of the opinion that, at this stage, the twin conditions of Section 37 of the NDPS Act is not being satisfied. As such, prayer for bail in CRM (NDPS) 2041 of 2026 is refused. Report submitted 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.)