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2026 DAILYLAW 49580 (CAL)

DALIM MAHALDAR @ DALIM SK v. UNION OF INDIA

CRM (NDPS)/2068/2026 · 2026-10-14

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

14.10.2026 Court No.35. D/L. 117. Kausik (Allowed) CRM (NDPS) 2068 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 NDPS Case No. 62 of 2025 arising out of NCB Crime No. 04/NCB/KOL/2025 under sections 21(c)/23/25/27A/29 of NDPS Act, 1985. And In the matter of : Dalim Mahaldar @ Dalim Sk ……Petitioner. Mr. Moyukh Mukherjee Ms. Sagnika Banerjee ……for the Petitioner. Mr. Dipankar Dandapat Mr. Tapodip Gupta ……for the NCB. Learned advocate appearing for the petitioner submits petitioner is in custody for 11 months. Earlier prayer for bail was rejected on an incorrect report submitted by the NCB. A report has been submitted on behalf of the NCB admitting that because of technical issues such report was submitted before this Court. I find that the petitioner was witness in Raghunathganj Police Station Case No. 963 of 2025. There has been no recovery from the present petitioner and he has been implicated on the basis of statement under Section 67 of the NDPS Act and Call Data Records. Having considered that the petitioner is a witness in a previous NDPS case, without further deliberating on the issue 2 and there has been no recovery in this case, I am inclined to release the petitioner on bail. Accordingly, prayer for bail of the petitioner is allowed. As such, petitioner, namely, Dalim Mahaldar @ Dalim Sk be enlarged on bail subject to 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 Learned Judge, NDPS Act, 5th Court, Berhampore, Murshidabad. If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of Murshidabad without the prior permission of the learned Trial Court. With the aforesaid observations, CRM (NDPS) 2068 of 2026 is allowed. Report submitted by the NCB 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.)