Litan Chandra Chanda@Litan Das@Litan Dey Das Vs the State… — Narcotics (NDPS) | Calcutta HC (2026)

Litan Chandra Chanda@Litan Das@Litan Dey Das Vs the State… — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Anticipatory bail under Section 482 of the BNSS, 2023: release on arrest upon 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 jurisdictional Court within four weeks, regular attendance, and no threatening or intimidating of witnesses.

Issue for consideration

Whether the petitioner, arraigned under Sections 20(b)(ii)(c)/25/29 of the NDPS Act in Pundibari Police Station Case No.407 of 2025, 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. +1 more

Court's answer

The petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act; considering the materials available in the case diary and the fact that a charge sheet has been submitted, the Court is inclined to grant anticipatory bail.

Ratio / Principle

In the event of arrest, the petitioner is to 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), subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, with further conditions to surrender before the learned jurisdictional Court and pray for bail within four weeks, attend the jurisdictional Court regularly, and not threaten or intimidate the witnesses.

Detailed headnote1 paragraphs

Anticipatory bail — NDPS Act — Section 37 restrictions rebutted. Application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pundibari Police Station Case No.407 of 2025 dated 04.05.2025 under Sections 20(b)(ii)(c)/25/29 of the NDPS Act. Counsel for the petitioner urged that other than the statement of a co-accused there is no incriminating material against the petitioner; the State, on instruction of the Investigating Officer, conceded there is no criminal antecedent of the petitioner, and the report indicated no money trail or phone call conversation between the petitioner and the co-accused implicating him; a charge sheet has been submitted. Held, the petitioner rebutted the restriction contained in Section 37 of the NDPS Act and anticipatory bail was granted: on arrest, release on a bond of Rs.10,000/- with two sureties of like amount each (one local), subject to the conditions under Section 438(2) of the Code of Criminal Procedure, 1973 corresponding to Section 482(2) of the BNSS, 2023, further conditioned on surrender before the learned jurisdictional Court within four weeks, regular attendance, and abstention from threatening or intimidating witnesses. (Jay Sengupta, J.)

AD 14 IN THE HIGH COURT AT CALCUTTA March 25, 2026 Circuit Bench at Jalpaiguri Ct. 6 Appellate Side ssi CRM(A) 92 of 2026

An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Pundibari Police Station Case No.407 of 2025 dated 04.05.2025 under Sections 20 (b) (ii) ( c)/25/29 of the NDPS Act. And

In the matter of: Litan Chandra Chanda @ Litan Das @ Litan Dey Das … petitioner Mr. Sudip Guha Ms. Ankita Nag … for the petitioner Mr. Nilay Chakraborty, Ld. APP Mr. Sagnik Sankar Sikdar … for the State

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

Learned counsel appearing on behalf of the petitioner submits that other than the statement of a co-accused, there is no incriminating materials available against the present petitioner.

Learned counsel appearing on behalf of the State relies on the report and the case diary and opposes the prayer for anticipatory bail. However, upon instruction from the Investigating Officer, who is present in Court, he submits that there is no criminal antecedent of the present petitioner. The report also indicates that there is no money trail or

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phone call conversation between the petitioner and the other co-accused that would implicate him.

In view of the above, the petitioner has been able to rebut the restriction contained in Section 37 of the NDPS Act and considering the materials available in the case diary and the fact that a 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/- (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 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, allowed.

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

(Jay Sengupta, J.)