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

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

What the court decided

AI extract

Outcome

Petitioner Biswanath Das enlarged on bail upon furnishing bond of Rs.20,000 with two sureties of Rs.10,000 each (one local), to the satisfaction of the learned Judge, Special Court (NDPS Act), Howrah, subject to conditions of remaining physically available on every date fixed by the Special court/trial court and not leaving the district of Howrah without prior permission.

Issue for consideration

Whether the petitioner, an accused under sections 20(b)(ii)C/29 of the NDPS Act in custody since 17.02.2024 (two years four months) with charges framed but no witness examined, should be enlarged on bail, the court indicating it was inclined to do so only on the ground of Article 21 of the Constitution of India, i.e., the period of detention.

Court's answer

The court was inclined to enlarge the petitioner on bail only on the ground of Article 21 of the Constitution of India, i.e., the period of detention (custody from 17 February 2024).

Ratio / Principle

The prayer for bail is allowed: petitioner Biswanath Das is to be released on bail upon furnishing a bond of Rs.20,000 with two sureties of Rs.10,000 each (one of whom must be local), to the satisfaction of the learned Judge, Special Court (NDPS Act), Howrah.

Key takeaways

Bail conditions: the petitioner shall make himself physically available on each and every date fixed by the learned Special court/trial court and shall not leave the district of Howrah without prior permission of the learned Special Court/trial court.ratio¶17

Detailed headnote1 paragraphs

Bail – NDPS Act – prolonged pre-trial detention – Article 21 of the Constitution of India. Biswanath Das, accused in TR (NDPS) Case No. 03 of 2024 arising out of Sankrail PS Case No. 134 of 2024 dt. 17.02.2024 u/s 20(b)(ii)C/29 of the NDPS Act, in custody for two years four months with charges framed but not even a single witness examined, was enlarged on bail by the Calcutta High Court (Tirthankar Ghosh, J.) solely on the ground of the period of detention under Article 21 of the Constitution of India. Release ordered on bond of Rs.20,000 with two sureties of Rs.10,000 each (one local) to the satisfaction of the learned Judge, Special Court (NDPS Act), Howrah, with conditions of physical presence on every date fixed and no departure from the district of Howrah without prior permission. Counsel for the petitioner had pointed out that similarly placed accused were granted statutory bail and that no application under Section 36A(4) of the NDPS Act had been preferred; State counsel opposed but did not dispute that no witness had been examined. Application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the BNSS, 2023 allowed.

01.07.2026

Serial no. 311 [ G.S.D ]

CRM (NDPS) 1278 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 TR Case No. 03 of 2024 corresponding to TR (NDPS) Case No. 03 of 2024 arising out of Sankrail PS Case No. 134 of 2024 dt. 17.02.2024 u/s 20(b)(ii)C/29 of the NDPS Act.

-And-

In the matter of : Biswanath Das

Md. Wasim Akram Ms. S. Parveen Ms. Arishi Rathore Ms. Rima Banerjee

… … Petitioner(s) … for the Petitioner(s) … for the State-respondent(s)

Learned advocate for the petitioner submits that the petitioner is in custody for two years four months and till date not even a single witness has been examined. However, charges have been framed. Learned advocate also submits that similarly placed accused persons have been granted statutory bail. The petitioner was unfortunate as no application under Section 36A(4) of the NDPS Act was preferred.

Learned advocate for the State opposes the prayer for bail but is unable to refute the contention that till date no witness has been examined.

Having considered the period of detention of the present petitioner which is from 17^th February, 2024, only

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on the ground of Article 21 of the Constitution of India i.e., period of detention, I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is

Allowed.

Accordingly, the petitioner viz, Biswanath Das 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 Judge, Special Court (NDPS Act), Howrah.

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 Howrah without prior permission of the learned Special Court/trial court.

Accordingly, CRM (NDPS) 1278 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.

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.)

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