Swapan Mondal @ Sapa and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Swapan Mondal @ Sapa and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Both petitioners (Swapan Mondal @ Sapa and Dipankar Mondal) 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, 5th Court, under NDPS Act, Berhampore, Murshidabad; conditional on physical presence on every trial date and not leaving Murshidabad district without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioners, in custody for about one year six months in an NDPS case whose charge-sheet refers to eighteen witnesses (only two examined so far), ought to be released on bail.

Court's answer

Since the charge-sheet refers to eighteen witnesses, more time will be required for taking the trial to its logical conclusion; accordingly the petitioners were ordered to be released on bail.

Ratio / Principle

Bail was granted on a bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each (one surety local), subject to the conditions that the petitioners be physically present on each and every trial date and not leave the district of Murshidabad without prior permission of the learned Special Court.

Detailed headnote1 paragraphs

Bail granted under S.483 BNSS 2023 to two under-trial accused (Swapan Mondal @ Sapa and Dipankar Mondal) in Suti Police Station Case No. 01 of 2025 under Ss. 20(b)(ii)(C)/29 NDPS Act (N.D.P.S Case No. 07 of 2025; ST No.05(11)/2025). Counsel submitted the petitioners had been in custody about one year six months; one independent witness had turned hostile and production of the other (stated to be unwell) would take time; the prosecution reported two of eighteen charge-sheet witnesses examined. The Court held that, as the charge-sheet refers to eighteen witnesses, more time was required to conclude the trial, and released the petitioners on bail on a bond of Rs. 20,000/- each with two sureties of Rs. 10,000/- each (one local), on conditions of personal appearance on every trial date and not leaving the district of Murshidabad without prior permission of the Special Court. C.R.M (NDPS) 1246 of 2026 allowed (Tirthankar Ghosh, J.).

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D/L 279

01.07.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE

C.R.M (NDPS) 1246 of 2026

Swapan Mondal @ Sapa & Anr. Vs

The State of West Bengal In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Suti Police Station Case No. 01 of 2025 , under Sections 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 relating to N.D.P.S Case No. 07 of 2025 (ST No.05(11)/2025) And

In the matter of : 1. Swapan Mondal @ Sapa 2. Dipankar Mondal ……Petitioners. Mr. Arnab Chatterjee Mr. Avik Ghosh …for the Petitioner Mr. Brajesh Jha, Ld. A.P.P Mr. Amartya Mohan Bhattacharyya …for the State

Learned Advocate appearing for the petitioners submits that petitioners are in custody for about one year six months. One of the independent witness has been examined and the said witness has turned hostile. So far as the evidence of the other independent witness is concerned as he is suffering from cancer some time may be required for his production. Petitioner also refers to the earlier order dated 28.01.2026 where liberty was granted to the petitioner to approach this Court after the evidence of the seizure list witnesses are over.

Learned A.P.P appearing for the State opposes the prayer for bail and submits that two out of eighteen witnesses have

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been examined and the prosecution would put in efforts to conclude the evidence at the earliest.

Be that as it may charge-sheet refers to eighteen witnesses. As such more time will be required for taking the trial to its logical conclusion. As such the petitioners be released on bail.

Accordingly, the prayer for bail of the petitioners is allowed. The petitioners, namely, 1. Swapan Mondal @ Sapa 2. Dipankar Mondal 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 Learned Judge, Special Court, 5^th Court, under NDPS Act, Berhampore, Murshidabad.

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

Accordingly, C.R.M (NDPS) 1246 of 2026 is allowed .

Memo of evidence 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.)