Swadesh Roy @ Bappa @ Akash and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Swadesh Roy @ Bappa @ Akash and Ors. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

All petitioners (Swadesh Roy @ Bappa @ Akash, Md. Sultan @ Laltu, Deb Prsad Barai @ Deb Prasad Barui @ Chottu) released on bail upon furnishing bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one surety local, to the satisfaction of the learned Judge, Special Court (under NDPS Act), 3rd Court, Howrah); petitioners to remain physically present before the Trial Court on every date and not leave the jurisdiction of Howrah district without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioners, in custody for 236 days in an NDPS case involving alleged recovery of 25.590 kgs of ganja with a charge-sheet naming 13 witnesses, should be released on bail.

Court's answer

Taking into account the petitioners' period of detention and the time required to complete the trial, the court was inclined to release the petitioners on bail; accordingly the prayer for bail was allowed.

Ratio / Principle

Bail granted subject to conditions: bond of Rs.20,000/- each with two sureties of Rs.10,000/- each (one surety local, to the satisfaction of the learned Judge, Special Court (under NDPS Act), 3rd Court, Howrah); physical presence before the Trial Court on every date; and no departure from the jurisdiction of the district of Howrah without prior permission of the learned Special Court.

Detailed headnote1 paragraphs

Bail allowed. Application under S.439 CrPC / S.483 BNSS 2023 by Swadesh Roy @ Bappa @ Akash, Md. Sultan @ Laltu and Deb Prsad Barai @ Deb Prasad Barui @ Chottu, detainees of Udaynarayanpur Police Station case no. 154 of 2025 dated 21.11.2025 under Ss. 20(b)(ii)(c)/29 NDPS Act following alleged recovery of 25.590 kgs of ganja. With the charge-sheet already filed (naming 13 witnesses, implying a protracted trial) and 236 days of custody served, Tirthankar Ghosh, J. allowed the bail prayer on 15.07.2026, releasing each petitioner on a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local, to the satisfaction of the Special Court (NDPS), 3rd Court, Howrah), subject to attendance before the Trial Court on every date and confinement to Howrah district save with the Special Court's prior permission.

15.07.2026 Court No.35. D/L.36. Rakib (Allowed)

CRM (NDPS) 1042 of 2026

In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Udaynarayanpur Police Station case no. 154 of 2025 dated 21.11.2025 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And

In the matter of : Swadesh Roy @ Bappa @ Akash & Ors.

Mr. Md. Wasim Akram Ms. Sabrina Parveen Mr. Brajesh Jha, Ld. APP Ms. Hasi Saha

……Petitioners. .....for the Petitioners. ……for the State.

Learned advocate appearing for the petitioners submit that the alleged recovery in the present case is 25.590 kgs of ganja, charge-sheet has been submitted and the petitioners are in custody for 236 days. It has also been contended that the charge-sheet refers to 13 witnesses, which would take some time to take the trial to its logical conclusion.

Learned advocate appearing for the State opposes the prayer for bail.

Having considered the period of detention of the present petitioners and the fact that some time will be required to take the trial to its logical conclusion, I am inclined to release the petitioner on bail. Accordingly, the prayer for bail of the petitioners is allowed.

As such, the petitioners, namely, Swadesh Roy @ Bappa @ Akash, Md. Sultan @ Laltu and Deb Prsad Barai @ Deb Prasad

2

Barui @ Chottu shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court (under NDPS Act), 3^rd Court, Howrah.

If on bail, the petitioners shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of Howrah without prior permission of the learned Special Court.

Thus, CRM (NDPS) No. 1042 of 2026 is allowed.

Memo of the evidence submitted by the State be kept with the record.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)