Sk Robiul @ Sk Rabiul Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Sk Robiul @ Sk Rabiul Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail granted to the petitioner in the event of arrest: bond of Rs.10,000/- with two sureties of like amount each (one local), subject to Section 438(2) CrPC / Section 482(2) BNSS conditions, surrender before the learned jurisdictional Court within four weeks from the date of the order, regular attendance before the jurisdictional Court, and no threatening or intimidating of witnesses.

Issue for consideration

Whether the petitioner, against whom the only material is the statement of a co-accused, has rebutted the restriction under Section 37 of the NDPS Act so as to be granted anticipatory bail under Section 482 of the BNSS.

Court's answer

Since there is hardly any other material available against the petitioner except for the statement of a co-accused, and considering the other materials in the case diary and the submission of the charge sheet, the petitioner has rebutted the restriction contained in Section 37 of the NDPS Act and the Court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner shall be released on bail upon a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions of Section 438(2) CrPC / Section 482(2) BNSS, surrender before the jurisdictional Court within four weeks, regular attendance, and an undertaking not to threaten or intimidate witnesses.

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, BNSS granted to the father of an accused (Lalgola Police Station Case No. 895 dated 13.10.2025, Sections 21(c)/29 NDPS Act) where the only material against him was a co-accused's statement; no money trail or phone-call record having been established, the Court held the petitioner had rebutted the restriction in Section 37, NDPS Act, noting the charge sheet had been submitted. Bail made conditional on a bond of Rs.10,000/- with two like sureties (one local), Section 438(2) CrPC / Section 482(2) BNSS conditions, surrender before the jurisdictional Court within four weeks, regular attendance, and no intimidation of witnesses. Application disposed of (Jay Sengupta, J.).

10.04.2026 Court No.28 Item No.41 ssi

CRM (A) 729 of 2026

In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita in connection with Lalgola Police Station Case No. 895 dated 13.10.2025 under Sections 21 (c )/29 of the NDPS Act. And In the matter of: Sk Robiul @ Sk Rabiul …. Petitioner Mr. Arnab Chatterjee Mr. Avik Ghosh Ms. Ankusha Ghosh …for the petitioner Mr. Iqbal Kabir Ms. Ratna Ghosh ..for the State

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

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is the father of the accused who was arrested with the contraband. The only material available against the present petitioner is the statement of a co-accused which is not admissible in evidence. Charge sheet has been submitted.

Learned counsel appearing on behalf of the State opposes the prayer for anticipatory bail. He relies on the statements of witnesses and the seizure list. He submits that although no money trail or phone call conversation record could be established, it would be quite natural for there to be phone call conversation and money trail between the father and the son. The seizure list witnesses, in their statements, have stated that they heard from the arrested accused that the petitioner was also involved.

2

In view of the fact that there is hardly any other material available against the petitioner except for the statement of a co-accused, 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 and the fact that charge sheet has been submitted, 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/- 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 conditions that the petitioner 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 petitioner shall not threaten or intimidate the witnesses.

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

Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible.

(Jay Sengupta, J.)