IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. OF 2025 (arising out of SLP(Crl.) No. 19225/2025)
HAPIJUL MOLLA & ANR. APPELLANT(S)
VERSUS
STATE OF WEST BENGAL RESPONDENT(S)
O R D E R
Leave granted.
The appellants, Hapijul Molla and
Sirajul Molla, are aggrieved by the
judgment and final order dated 08.07.2025
passed by the High Court at Calcutta in
C.R.M. (NDPS) No. 582/2025, denying them
1
regular bail in connection with First
Information Report (FIR) No. 616/2024
dated 08.10.2024 registered with Police
Station – Raninagar, District –
Murshidabad, West Bengal, for the offences
punishable under Sections 21(c) and 29 of
the Narcotic Drugs and Psychotropic
Substances Act, 19851.
The appellants have been in prison
since 08.10.2024 and the case against them
involves the seizure of 255 bottles of
Phensedyl Cough Syrup, containing ‘codeine
phosphate’.
We may note that the commercial
quantity prescribed under the NDPS Act in
relation to ‘codeine phosphate’ is 1 kg.
The issue as to whether the subject
seizure would qualify as one pertaining to
a commercial quantity is, thus, debatable.
The chargesheet has been filed on
04.04.2025 and we are informed that
charges have been framed. The prosecution
1 For short, ‘NDPS Act’ 2
has listed 11 witnesses and 1 out of them
has been examined. There is,...