Rahul Karmakar Vs Union of India — Narcotics (NDPS) | Calcutta HC (2026)

Rahul Karmakar Vs Union of India — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Rahul Karmakar released on bail on furnishing a bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one surety to be local) to the satisfaction of the Learned Additional District and Sessions Judge, 8th Court, Barasat, North 24 Parganas-cum-Special Court under NDPS Act; conditions: petitioner to remain physically available on each and every date fixed by the learned Special Court/trial court and not to leave the district of North 24 Parganas without prior permission.

Issue for consideration

Whether the petitioner, arraigned in DRI Case No. DRI/KZU/AS/NDPS (ENQ47)/F/2025/2864 (NDPS Case No. N-181 of 2025), should be released on bail under Section 439 CrPC / Section 483 BNSS. +1 more

Ratio / Principle

The court took into account the period of detention of the petitioner (about 117 days) and the fact that no seizure was effected from the petitioner.

Key takeaways

Having regard to the quantum of recovery, the co-accused being on bail, and the complaint having been submitted, the court was inclined to release the petitioner on bail.ratio¶12

Detailed headnote1 paragraphs

NDPS bail — S.439 CrPC / S.483 BNSS — Rahul Karmakar — DRI Case No. DRI/KZU/AS/NDPS (ENQ47)/F/2025/2864 dated June 22, 2025 u/s 8(c)/21(c)/22(c) & 29 NDPS (NDPS Case No. N-181 of 2025) — petitioner in custody about 117 days, no seizure effected from him, complaint filed, co-accused already on bail — DRI opposed citing Call Data Records and financial transactions — court inclined to release on bail having regard to detention period, quantum of recovery, co-accused on bail and filing of complaint — bail allowed on bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local) before Ld. Additional District and Sessions Judge, 8th Court, Barasat, North 24 Parganas-cum-Special Court under NDPS Act — conditions: physical availability on every trial date and no departure from North 24 Parganas without prior permission — Coram: Tirthankar Ghosh, J.; decided 27.07.2026.

27.07.2026

Serial no. 4 [G.S.D]

CRM (NDPS) 1051 of 2026

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with DRI Case No. DRI/KZU/AS/NDPS (ENQ47)/F/2025/2864 dated June 22, 2025 u/s 8(c)/21(c)/22(c)& 29 of the NDPS [NDPS Case No. N-181 of 2025].

-And-

In the matter of : Rahul Karmakar

… Petitioner(s) Mr. Santanu Talukdar Mr. Manojit Debnath … for the Petitioner(s) Mr. Vipul Kundalia, Sr Adv. Mr. Tapan Bhanja Mr. Dhirodatto Chaudhuri … for the DRI

Learned advocate for the petitioner submits that the petitioner is in custody for about 117 days and complaint has been filed before the learned jurisdictional court. Learned advocate added that the other accused persons from whom seizure has been effected have been granted bail.

Mr. Kundalia, Learned Senior advocate for the DRI, opposes the prayer for bail on the ground that there are Call Data Records associated with the present petitioner from whom seizure has been effected and financial transactions in respect of the present petitioner have also been unearthed.

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I have taken into account the period of detention of the present petitioner and the fact that there has been no seizure from the present petitioner.

Having regard to the quantum of recovery and the fact that the other accused person are on bail and complaint has been submitted, I am inclined to release the petitioner on bail.

Hence, the prayer for bail of the petitioner is

Allowed.

Accordingly, the petitioner viz, Rahul Karmakar shall be released on bail upon furnishing bond of Rs.20,000/-(Rupees Twenty Thousand only), with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local, to the satisfaction of the Learned Additional District and Sessions Judge, 8^th Court, Barasat, North 24 Parganas-cum-Special Court under NDPS Act.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special Court/trial court and shall not leave the district of North 24 Parganas without prior permission of the learned Special court/trial court.

Accordingly, CRM (NDPS) 1051 of 2026 is allowed .

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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

(Tirthankar Ghosh, J.)