Khirajuddin Mulla @ Firajuddin Molla Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Khirajuddin Mulla @ Firajuddin Molla Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release on bail upon furnishing a bond of Rs.20,000 with two sureties of Rs.10,000 each (one local), to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-Additional Sessions Judge, 3rd Court, Dakshin Dinajpur, subject to physical presence before the Special Court on every date fixed and no departure from Dakshin Dinajpur without prior permission.

Issue for consideration

Whether the petitioner, in custody for about 7 months after alleged recovery of 100 bottles of phensedyl in an NDPS case in which 17 witnesses have been cited and the charge-sheet stands submitted, should be released on bail under Section 483 BNSS 2023 given that the trial is unlikely to conclude in the near future.

Court's answer

Since the charge-sheet has been submitted and, with 17 witnesses cited by the prosecution, some time will be required for the trial to reach its logical conclusion, further detention of the petitioner is unwarranted and the prayer for bail is allowed.

Ratio / Principle

Bail is granted subject to conditions: bond of Rs.20,000 with two sureties of Rs.10,000 each (one of whom must be local) to the satisfaction of the learned Judge, Special Court under NDPS Act-cum-Additional Sessions Judge, 3rd Court, Dakshin Dinajpur; physical presence before the Special Court on each and every date fixed; and no leaving of the district of Dakshin Dinajpur without prior permission of the Special Court.

Detailed headnote1 paragraphs

Bail under Section 483 BNSS 2023 allowed to Khirajuddin Mulla @ Firajuddin Molla, accused in Kumarganj Police Station Case No.323 of 2025 dated 28.08.2025 (Sections 21(c)/22(c)/23(c)/27A NDPS Act) arising from alleged recovery of 100 bottles of phensedyl. In custody about 7 months, charge-sheet submitted and 17 witnesses cited, so trial not expected to conclude soon; further detention held unwarranted. Released on Rs.20,000 bond with two Rs.10,000 sureties (one local) before the Special Court under NDPS Act-cum-Additional Sessions Judge, 3rd Court, Dakshin Dinajpur, on conditions of attendance on every fixed date and no exit from Dakshin Dinajpur without prior permission. (Tirthankar Ghosh, J.)

D/L48

02.04.2026

Bpg.

Allowed

C.R.M. (NDPS) 520 of 2026

In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kumarganj Police Station Case No.323 of 2025 dated 28.08.2025 under Sections 21(c)/22(c)/23(c)/27A of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Khirajuddin Mulla @ Firajuddin Molla Versus

The State of West Bengal

Mr. Kaushik Choudhury

Mr. Dwaipayan Panda

Mr. Tridib Das.

…for the petitioner.

Ms. Sreyashee Biswas

Mr. Sachit Talukdar.

…for the State.

Learned advocate appearing for the petitioner submits

that the subject matter of the case relates to alleged recovery of 100 bottles of phensedyl and the petitioner is in custody for about 7 months. The prosecution has relied upon 17 witnesses in order to prove its case, as such, there is no possibility of the trial concluding in near future and the petitioner may be released on bail.

Learned advocate for the State opposes the prayer for bail and submits that the prosecution has sufficient materials in their custody to prove its case.

Having regard to the fact that 17 witnesses have been cited by the prosecution, I am of the opinion that as charge-sheet has been submitted and some time will be required to take the trial

2

to its logical conclusion, further detention of the petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed. The petitioner, namely, Khirajuddin Mulla @ Firajuddin Molla shall be released on bail upon furnishing bond of Rs.20,000/(Rupees Twenty Thousand only) with two sureties of Rs.10,000/each, one of whom must be local to the satisfaction of the learned Judge, Special Court, under NDPS Act-cum-learned Additional Sessions Judge, 3^rd Court, Dakshin Dinajpur. If on bail, the petitioner shall be physically present on each and every date fixed by the learned special court and shall not leave the district of Dakshin Dinajpur without prior permission of the learned special court.

Accordingly, CRM(NDPS) 520 of 2026 is allowed.

All parties shall act on the server copy of this order duly 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 of all requisite formalities.

(Tirthankar Ghosh, J.)