Nantu Sha @ Shah and Anr. Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Nantu Sha @ Shah and Anr. Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail allowed: release on arrest upon bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, cooperation with investigation, weekly I.O. meetings until final report, non-intimidation of witnesses, surrender before the jurisdictional Court within four weeks and regular attendance.

Issue for consideration

Whether the petitioners, against whom the only material is the statement of a co-accused, are entitled to anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 notwithstanding the restriction contained in Section 37 of the NDPS Act.

Court's answer

Since the only material available against the petitioners is the statement of a co-accused, the petitioners rebutted the restriction contained in Section 37 of the NDPS Act and, considering the materials in the case diary, the court was inclined to grant anticipatory bail.

Ratio / Principle

Anticipatory bail granted on terms: in the event of arrest, release on a bond of Rs.10,000/- each with two sureties of like amount each (one of whom must be local), subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS and further conditions of cooperation with investigation, weekly meetings with the I.O. till final report, no threatening or intimidating witnesses, surrender before the jurisdictional Court within four weeks and regular attendance.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 allowed in connection with Sagarpara P.S. Case No. 884 of 2025 dated 25.09.2025 (Sections 21(c)/29 NDPS Act). Held: the only material against the petitioners was the statement of a co-accused; they rebutted the restriction contained in Section 37 of the NDPS Act and, on the case-diary materials, anticipatory bail was granted on a bond of Rs.10,000/- each with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, weekly meetings with the I.O. till final report, non-intimidation of witnesses and surrender within four weeks. (Jay Sengupta, J.)

06.02.2026 Court No.28 Item No.61 tbsr Allowed

CRM (A) 268 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sagarpara P.S. Case No. 884 of 2025 dated 25.09.2025 under Sections 21(c)/29 of the NDPS Act.

And

In the matter of: Nantu Sha @ Shah & Anr.

….Petitioners. Mr. Snehansu Majumder ….for the petitioners

Ms. Sreyashee Biswas Ms. Ratna Ghosh ….for the State

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

Learned counsel appearing on behalf of the petitioners submits that there are no incriminating materials against the petitioners except for the statement of a co-accused, which is inadmissible in evidence.

Learned counsel appearing on behalf of the State relies on the report, the case diary and opposes the prayer for anticipatory bail. She submits that there is no phone call record or money trail or criminal antecedent of the petitioners to implicate them in this case. There is no other material available in the case diary against them as of now except for the statement of a co-accused.

In view of the above fact that the only material available against the petitioners against the statement of the co-accused, the petitioners have been able to rebut the restriction contained in

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Section 37 of the NDPS Act and considering the materials available in the case diary, I am inclined to grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners 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 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 further condition that the petitioners shall cooperate with investigation, shall meet the I.O. once a week till submission of report in final form, shall not threaten or intimidate witnesses, shall surrender before the learned jurisdictional Court and pray for bail within four weeks from this date and shall attend the jurisdictional Court regularly.

The application for anticipatory bail is, thus, allowed.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)