Soneka Mandal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Soneka Mandal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: release in the event of arrest on a personal bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions; order valid for eight weeks as charge-sheet stands submitted; application CRM(A) 14 of 2026 disposed of accordingly.

Issue for consideration

Whether the petitioner, named in Kotwali Police Station Case No. 241 of 2025 under Sections 20(b)(ii)(c)/29 NDPS Act on the basis of the co-accused's statement and her alleged status as second wife of Biswanath Mandal, is entitled to anticipatory bail under Section 482 BNSS.

Court's answer

Since the accusations against the petitioner rest only on oral evidence and no material has been recovered subsequently, custodial detention of the petitioner may not be warranted in the facts and circumstances of the case.

Ratio / Principle

The prayer for anticipatory bail of the petitioner is allowed.

Key takeaways

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one of whom must be local), to the satisfaction of the Arresting Officer, subject to the conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023.ratio¶11
As the charge-sheet has already been submitted before the jurisdictional court, the order of anticipatory bail will remain in force for a period of eight weeks from date.ratio¶12

Detailed headnote1 paragraphs

Anticipatory bail - NDPS - Sections 20(b)(ii)(c)/29 Narcotic Drugs and Psychotropic Substances Act, 1985 - Application under Section 482 BNSS, 2023 in connection with Kotwali Police Station Case No. 241 of 2025 dated 08.03.2025 - Petitioner alleged to be second wife of co-accused Biswanath Mandal, whose first wife was arrested on recovery of 252 kgs. of ganja - Accusations against petitioner rest solely on the co-accused's statement, with no material recovered against her - Court holds custodial detention not warranted and allows the prayer - Release on arrest upon bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local), subject to Section 438(2) CrPC, 1973 / Section 482(2) BNSS, 2023 conditions - Charge-sheet already submitted; order to remain in force for eight weeks - Application disposed of. (Tirthankar Ghosh, J.)

13.01.2026 Item No.29 Ct.No.3 dc. Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI

C.R.M. (A) 14 of 2026

In Re : An Application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kotwali Police Station Case No. 241 of 2025 dated 08.03.2025 under Sections 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re : Soneka Mandal ... Petitioner. Mr. Sourav Ganguly, Ms. Rishita Chakraborty ... For the Petitioner. Mr. Nilay Chakraborty, APP, Mr. Saikat Chatterjee ... For the State.

Learned advocate appearing for the petitioner submits that the petitioner is the second wife of one Biswanath Mandal. The investigating authorities raided the house of said Biswanath Mandal and arrested his first wife for recovery of 252 kgs. of ganja. So far as the present petitioner is concerned, except the statement of the co-accused and the fact that petitioner happens to be allegedly the second wife, there is no material to connect the petitioner.

Learned advocate appearing for the State submits that there are statements against the present petitioner that she was also involved in the alleged offence.

Be that as it may, having considered the accusations are only to the extent of oral evidence and no material has

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been recovered subsequently, I am of the view that custodial detention of the present petitioner may not be warranted in the facts and circumstances of the case. As such, the prayer for anticipatory bail of the petitioner is allowed .

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the Arresting Officer and also be subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

As the charge-sheet has already been submitted before the jurisdictional court, this order of anticipatory bail will remain in force for a period of eight weeks from date.

The application for anticipatory bail, being CRM(A) 14 of 2026, is, thus, disposed of.

All concerned 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 given to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)