Parimal Sarkar Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Parimal Sarkar Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted: in the event of arrest, release on bail upon furnishing 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 the conditions under Section 438(2) CrPC, 1973 corresponding to Section 482(2) BNSS, 2023, and further conditions: cooperation with investigation, meeting the investigating officer once a week till submission of report in final form, surrender before the jurisdictional court within four weeks and prayer for bail, and abstention from threatening or intimidating witnesses.

Issue for consideration

Whether the petitioner, arraigned in connection with Kotwali P.S. Case No.791 of 2025 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act, is entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 notwithstanding the restrictions contained in Section 37 of the NDPS Act.

Court's answer

On the material placed on record, the petitioner was able to rebut the restrictions contained in Section 37 of the NDPS Act.

Ratio / Principle

Considering the submissions and the other materials available in the case diary, the court was inclined to and did grant anticipatory bail to the petitioner.

Detailed headnote1 paragraphs

Anticipatory bail - NDPS Act - Section 37 restrictions - Applicant in Kotwali P.S. Case No.791 of 2025 dated 27.09.2025 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act sought anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Counsel for the applicant submitted that no incriminating material existed beyond the statement of a co-accused, contending it inadmissible in evidence; the State's report recorded no money trail, phone call conversation or criminal antecedent implicating the applicant. Held, the applicant had been able to rebut the restrictions contained in Section 37 of the NDPS Act, and considering the case diary materials, anticipatory bail was granted: in the event of arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 482(2) BNSS, 2023 conditions corresponding to Section 438(2) CrPC, 1973, together with conditions of cooperation with investigation, weekly reporting to the investigating officer till the final report, surrender before the jurisdictional court within four weeks to pray for bail, and non-intimidation of witnesses.

AD 19 IN THE HIGH COURT AT CALCUTTA March 24, 2026 Circuit Bench at Jalpaiguri Ct. 6 Criminal Miscellaneous Jurisdiction SG

CRM(A) 167 of 2026

Allowed

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kotwali P.S. Case No.791 of 2025 dated 27.09.2025 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act. And In the matter of: Parimal Sarkar

… petitioner

Mr. H.S. Poddar Ms. P. Hansaria … for the petitioner Mr. N.Chakraborty Mr. Dhiman Sil … for the State

Report filed by the State is taken on record.

Learned counsel for the petitioner submits that no incriminating material is available against the petitioner except the statement of a co-accused, which is inadmissible in evidence.

Learned counsel for the State opposes the prayer for anticipatory bail and submits that as per the report there is no money trail or phone call conversation or criminal antecedent to implicate the petitioner.

In view of the above, the petitioner has been able to rebut the restrictions contained in Section 37 of the NDPS Act.

Considering the above and the other materials available in the case diary, I am inclined to grant anticipatory bail to the petitioner.

2

In the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.10,000/- (rupees ten thousand) 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 the conditions as laid down under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023 and on the further conditions that the petitioner shall cooperate with the investigation, shall meet the investigating officer once a week till submission of report in final form, shall surrender before the jurisdictional court within four weeks from this date and pray for bail and shall not threaten or intimidate witnesses.

The application for anticipatory bail is, thus, allowed.

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

(Jay Sengupta, J.)