Chiranjit Das Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Chiranjit Das Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Conditional anticipatory bail: in the event of arrest, petitioner Chiranjit Das to be released on furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023; petitioner to appear before the jurisdictional Court and pray for regular bail within two weeks; application disposed of and case diary ordered returned.

Issue for consideration

Whether the petitioner, whose name transpired only from a co-accused's statement with no recovery of narcotic substance from him, satisfies the statutory restriction under Section 37 of the NDPS Act so as to be entitled to anticipatory bail. +1 more

Court's answer

The petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Key takeaways

Whether the call detail records pertain to communication between the petitioner and the principal accused during the relevant period and have nexus with the alleged offence shall be adjudicated at the appropriate stage of trial.obiter¶12

Detailed headnote1 paragraphs

Anticipatory bail granted (17.02.2026, Suvra Ghosh, J., High Court at Calcutta, Circuit Bench at Jalpaiguri) in C.R.M. (A) 77 of 2026 to Chiranjit Das in connection with Boxirhat PS Case No.349 of 2025 dated 22.08.2025 under Sections 21(b)(ii)(B)/29 of the NDPS Act. The petitioner's name had transpired from a co-accused's statement and no narcotic substance was recovered from him; though the State relied on call detail records suggesting contact with the principal accused, the Court held the petitioner rebutted the statutory restriction under Section 37 of the NDPS Act and was entitled to anticipatory bail, deferring adjudication of the call-record nexus question to trial. Release ordered on bond of Rs.20,000/- with two sureties of like amount each, to the satisfaction of the arresting officer, subject to Section 482(2) of the BNSS 2023, with direction to seek regular bail within two weeks; application disposed of and case diary to be returned.

17.02.2026 Item No.46 Ct.No.06 b.das Allowed

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

C.R.M. (A) 77 of 2026

In Re : An application for anticipatory bail under Section 438 of the Code of Criminal Procedure read with Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Boxirhat PS Case No.349 of 2025 dated 22.08.2025 under Sections 21(b)(ii)(B)/29 of the NDPS Act.

And In Re : Chiranjit Das ... Petitioner Mr. Hillol Saha Podder Ms. Mousumi Das ... for the Petitioner Mr. A.S. Chakraborty Dr. Arjun Chowdhury ... for the State

Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner’s name has transpired from the statement of the co accused and no recovery has been made from him.

Learned counsel for the State opposes the prayer and submits that there are call detail records which suggest that the petitioner was in touch with the principal accused at the relevant time.

I have considered the material on record.

The name of the petitioner has transpired from the statement of the co accused. No narcotic substance has been recovered from him. Whether the call details pertain to communication between the petitioner and the principal

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accused during the relevant period of time and has nexus with the alleged offence shall be adjudicated at the appropriate stage of trial.

Upon consideration of the material on record, this Court is inclined to hold that the petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to anticipatory bail.

Accordingly, in the event of arrest, the petitioner Chiranjit Das be released on bail on furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer and subject to provision under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023.

The petitioner shall appear before the jurisdictional Court and pray for regular bail within two weeks from date.

The application being CRM (A) 77 of 2026 is disposed

of.

Case Diary be returned.

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

(Suvra Ghosh, J.)