Sanjay Singha Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Sanjay Singha Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail: release on arrest upon furnishing a bond of Rs.25,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC 1973 / Section 482(2) BNSS 2023 conditions; petitioner to meet the investigating officer once a week till conclusion of investigation, not to intimidate witnesses or tamper with evidence, and not to leave the jurisdiction of Naxalbari Police Station; automatic cancellation of bail upon breach of any condition.

Issue for consideration

Whether the petitioner is entitled to anticipatory (pre-arrest) bail under Section 438 CrPC 1973 / Section 482 BNSS 2023 in connection with Naxalbari Police Station Case No.49 of 2026 under Sections 21(b)/29 NDPS Act, 1985, his name having transpired from statements of arrested co-accused.

Court's answer

Anticipatory bail granted: in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.25,000/- with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer.

Ratio / Principle

Release is subject to the conditions laid down under Section 438(2) of the Code of Criminal Procedure, 1973, corresponding to Section 482(2) of the B.N.S.S., 2023.

Key takeaways

The petitioner shall meet the investigating officer once a week and cooperate till conclusion of the investigation.ratio¶5
Conduct restrictions imposed: the petitioner shall not intimidate witnesses or tamper with evidence in any manner whatsoever, and shall not leave the jurisdiction of the Naxalbari Police Station.ratio¶5
Failure to adhere to any of the stated conditions will result in automatic cancellation of anticipatory bail without further reference to this Court.

Detailed headnote1 paragraphs

Calcutta High Court (Jalpaiguri Circuit Bench), CRM (A) 585 of 2026 (Shampa Sarkar, J., 30.07.2026): Anticipatory bail under Section 438 CrPC 1973 / Section 482 BNSS 2023 allowed in Naxalbari Police Station Case No.49 of 2026 dated 25.03.2026 under Sections 21(b)/29 NDPS Act 1985. Petitioner's name had transpired from statements of arrested co-accused who were already enlarged on bail, and the seized substance was stated to be of intermediate quantity; the Court, after seeing the materials and the case diary produced by the opposing State, directed release in the event of arrest on a bond of Rs.25,000/- with two like sureties (one local), subject to Section 438(2)/Section 482(2) conditions, weekly reporting to and cooperation with the investigating officer, abstention from intimidating witnesses or tampering with evidence, and restraint to Naxalbari Police Station jurisdiction, with automatic cancellation upon breach of any condition.

30.07.2026 Item No.32 Court No.11 (GB)

Calcutta High Court In the Circuit Bench at Jalpaiguri

CRM (A) 585 of 2026

In Re: - An application for anticipatory bail under section 438 of the Code of Criminal Procedure, 1973/Section 482 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Naxalbari Police Station Case No.49 of 2026 dated 25.03.2026 under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And

In the matter of: Sanjay Singha ….Petitioner. Mr. Hillol Saha Podder, Ms. Mousumi Das …for the Petitioner. Mr. Avrojyoti Das, Ld. APP., Mr. Reshab Kumar, Ms. Rajyashree Ghosh

… for the State.

The petitioner prays for pre-arrest bail in connection with Naxalbari Police Station Case No.49 of 2026 dated 25.03.2026 under Sections 21(b)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, on the ground that the name of the petitioner transpired from the statement of the co-accused persons, who were arrested.

It is submitted that the co-accused persons had been granted bail. The substance seized was of intermediate quantity.

Seen the materials on record, the quantity of contraband substance and the statement of the co-accused who have been enlarged on bail.

The learned advocate for the State opposes the prayer for anticipatory bail and produces the case diary.

Accordingly, this Court directs that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of

2

Rs.25,000/-, with two sureties of like amount each, one of whom must be local, to the satisfaction of the arresting officer and 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 B.N.S.S., 2023. The petitioner shall meet the investigating officer once a week and cooperate till conclusion of the investigation. He shall not intimidate witnesses or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the Naxalbari Police Station.

In case the petitioner fails to adhere to any of the conditions as stated above, anticipatory bail stands automatically cancelled without further reference to this Court.

The application for anticipatory bail is, thus, allowed and disposed of.

All the parties are directed to act on the basis of the server copy of this

order.

(Shampa Sarkar, J.)