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2026 DAILYLAW 47375 (CAL)

HAFIJAR HOSSAIN ALIAS HAFI v. STATE OF WEST BENGAL

CRM (NDPS)/2037/2026 · 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. 119. Kausik (Rejected) CRM (NDPS) 2037 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 STF (HQ) Police Station Case No. 04/2026 dated 02.02.2026 under sections 20(b)(ii)(C)/25/29 of the NDPS Act, 1985. And In the matter of : Hafijar Hossain @ Hafi ……Petitioner. Mr. Angshuman Chakraborty Mr. Shashanka Sekhar Saha ……for the Petitioner. Mr. Kallol Mondal, Sr. Adv. Mr. Pritam Roy ……for the State. Learned advocate appearing for the petitioner submits that petitioner is in custody since 13.02.2026. Charge sheet has been submitted. However, no recovery has been made from the present petitioner and petitioner is implicated on the basis of statement of co-accused. Learned advocate for the State opposes the prayer for bail and submits that the total recovery in the present case is 296.26 Kgs. of Ganja. Learned advocate refers to the memorandum of evidence submitted by the Officer of the Special Task Force which reflects that there is not only disclosure from the co- accused, Mahesh Kumar Yadav which only led to the arrest of 2 the present petitioner. Additionally, the mobile phone of the petitioner was seized which contain SIM cards. There were 39 phone calls between the present petitioner and an absconding accused Rahul Miah. There were 34 calls also between Mahesh Kumar Yadav and the present petitioner in the respective mobile number between 01.02.2026 and 02.02.2026. The case of the prosecution is on the accusation of the present petitioner being supplier of the contraband who monitored whole of the process of transit of the contraband. There are materials to suggest the complicity of the petitioner at this stage. As such, prayer for bail of the petitioner in CRM (NDPS) 2037 of 2026, at this stage, is rejected. Memo of Evidence 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.)