Roni Chakraborty@Rani Chakraborty Vs Theate of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

Roni Chakraborty@Rani Chakraborty Vs Theate of West Bengal — Narcotics (NDPS) | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail allowed; in the event of arrest, release on bail on a bond of Rs.10,000/- with two sureties of like amount each (one local), to the satisfaction of the Arresting Officer, subject to conditions including not threatening or intimidating witnesses and surrendering before the jurisdictional Court within four weeks and regularly attending it.

Issue for consideration

Whether the petitioner, arraigned in Phansidewa P.S. Case No. 11 of 2025 under sections 20(b)(ii)(c)/29 of the NDPS Act, is entitled to anticipatory bail under Section 482 of the BNSS, 2023, i.e., whether she has rebutted the restrictions contained in Section 37 of the NDPS Act.

Court's answer

The petitioner has rebutted the restriction contained in Section 37 of the NDPS Act and, considering the other materials available in the case diary, the Court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail on a bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to conditions that she shall not threaten or intimidate witnesses and shall surrender before the learned jurisdictional Court, pray for bail within four weeks and regularly attend the jurisdictional Court.

Detailed headnote1 paragraphs

Anticipatory bail — S. 482 BNSS, 2023 — NDPS Act, Ss. 20(b)(ii)(c)/29 — Phansidewa P.S. Case No. 11 of 2025 dated 07/01/2025 — Charge sheet submitted — Petitioner's counsel submitted that apart from statements of co-accused there were no incriminating materials against the petitioner; State, on instruction of the Investigating Officer, reported no criminal antecedents, money trail or phone call conversations between the petitioner and the principal accused — Restriction contained in S. 37 NDPS Act held rebutted — Anticipatory bail allowed: in the event of arrest, release on bond of Rs.10,000/- with two sureties of like amount each (one of whom must be local) to the satisfaction of the Arresting Officer; petitioner not to threaten or intimidate witnesses; to surrender before the learned jurisdictional Court and pray for bail within four weeks and regularly attend the jurisdictional Court.

27/03/2026 D/L – 2 Court No.6 S. Kundu Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

CRM (A) 606 of 2025

In Re: An application for anticipatory bail under Section 482 of the BNSS, 2023. In connection with Phansidewa P.S case no. 11 of 2025 dated 07/01/2025 under sections 20(b)(ii)(c)/29 of the NDPS Act.

In the matter of: Roni Chakraborty @ Rani Chakraborty

...Petitioner.

Mr. Tapodia Gupta …for the petitioner. Mr. Nilay Chakraborty Mr. Tapan Bhattacharyya …for the State.

Report filed on behalf of the State is taken on record.

The Investigating Officer is present in Court.

Learned counsel appearing for the petitioner submits that the other than the statements of co-accused, there are no incriminating materials available against the present petitioner.

Learned counsel appearing for the State relies on the case diary and opposes the prayer for anticipatory bail. However, upon instruction from the Investigating Officer and relying upon the report filed by the State, he submits that there are no criminal antecedents or money trail or phone call conversations between the petitioner and the

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principal accused to implicate the petitioner. Charge sheet has been submitted.

In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- each with two sureties of like amount each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to further conditions that the petitioner shall not threaten or intimidate witnesses. The petitioner shall surrender before the learned jurisdictional Court and pray for bail within four weeks from date and regularly attend the jurisdictional Court.

Accordingly, the application for anticipatory bail is allowed.

The presence of the Investigating Officer is noted and is dispensed with.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with requisite formalities.

(Jay Sengupta, J.)