11.02.2026 Court No.35. D/L. 189. Kausik (Allowed) CRM (NDPS) 238 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 Raghunathganj Police Station Case No. 374 of 2025 dated 27th March, 2025 under section 21(C)/29 of the NDPS Act, 1985. And In the matter of : Achinta Sarkar ……Petitioner. Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh Ms. Debolina Roy ……for the Petitioner. Mr. Rudradipta Nandy, Ld. APP Ms. Suchismita Dutta ……for the State. Learned advocate appearing for the petitioner submits although there was alleged recovery of 303 Gms. of Heroin from the possession of the petitioner but the evidence of the independent seizure list witnesses have been completed. To that effect, attention of the Court has been draw. Both the witnesses have deposed that they have no knowledge regarding the facts and circumstances of the case. Having considered the same, I am of the view that the rigors of Section 37 of the NDPS Act has been diluted, as such inspite of objection raised by the State, I am inclined to release the petitioner on bail. 2 Accordingly, the prayer for bail of the petitioner is allowed. Petitioner, namely, Achinta Sarkar shall furnish 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, Special Court under NDPS Act cum Learned Additional Sessions Judge, 5th Court, Berhampore, Murshidabad. If on bail petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall not leave the jurisdiction of District of Murshidabad without the prior permission of the learned Special Court. Accordingly, CRM (NDPS) 238 of 2026 is allowed. 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.)