Ashok Ghosh Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Ashok Ghosh Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Ashok Ghosh released 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 under NDPS Act cum learned Additional District Judge, 4th Court, Malda; conditioned on physical presence before the trial court on every date and abstention from leaving the district of Malda without prior permission of the Special Court.

Issue for consideration

Whether the petitioner, Ashok Ghosh, should be granted bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kaliachawk Police Station case no. 758 of 2025 under Sections 21(c)/27A/29 NDPS Act. +1 more

Court's answer

Having regard to the above, the Court held that further detention of the petitioner is unwarranted and allowed the prayer for bail.

Ratio / Principle

Taking into account the materials, the Court found that the Call Data Records as well as the money trail presently do not support the prosecution case in the present FIR.

Key takeaways

The petitioner Ashok Ghosh 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 under NDPS Act cum learned Additional District Judge, 4th Court, Malda.ratio¶11
On bail, the petitioner must remain within the jurisdiction of the district of Malda and shall not leave it without the prior permission of the learned Special Court.ratio¶12

Detailed headnote1 paragraphs

Criminal miscellaneous (NDPS bail) application allowed by single Judge. Petitioner Ashok Ghosh, in custody for 263 days in Kaliachawk Police Station case no. 758 of 2025 (dated 09.05.2025) under Sections 21(c)/27A/29 of the NDPS Act, sought bail under Section 439 CrPC/Section 483 BNSS. The recovery of 307 grams of brown sugar was from the other accused persons, and the petitioner had been implicated only on the basis of a co-accused's statement to police allegedly naming him as a supplier. The State opposed bail citing antecedents in similar offences, but it was pointed out that the petitioner was already on bail in those case(s). Taking into account that the Call Data Records and money trail presently do not support the prosecution case, the Court held further detention unwarranted and allowed bail on a bond of Rs. 20,000/- with two sureties of Rs. 10,000 each (one local), subject to the petitioner remaining within Malda district absent Special Court permission.

02.02.2026 Court No.35. M/L.30. Rakib (Allowed)

CRM (NDPS) 1382 of 2025

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 Kaliachawk Police Station case no. 758 of 2025 dated 09.05.2025 under Sections 21(c)/27A/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In the matter of : Ashok Ghosh. ……Petitioner. Mr. Sekhar Kr. Basu, Sr. Adv, Mr. Narottam Acharya Mr. Sunayan Ghosh Mr. Dipayan Kundu Ms. Ilika Nag ……for the Petitioner. Mr. Antarikhya Basu Mr. Parvej Anam ……for the State.

Learned senior advocate appearing for the petitioner submits that the petitioner is in custody for 263 days and the subject matter of the case involves recovery of 307 grams of brown sugar from the other accused persons, the petitioner has been implicated on the basis of statement of co-accused as allegedly one of the accused narrated before the police authorities that the petitioner happens to be a supplier.

Learned advocate for the State opposes the prayer for bail and submits that there are antecedents of the present petitioner in respect of similar offences. However, it has been pointed out that the petitioner is on bail in connection with the said case(s).

I have taken into account the materials appearing and it has been admitted that so far as the present case is concerned, the Call

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Data Records as well as the money trail presently do not support the prosecution case.

Having regard to the same, I am of the view that further detention of the present petitioner is unwarranted. As such, the prayer for bail of the petitioner is allowed.

Accordingly, petitioner namely, Ashok Ghosh 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 under NDPS Act cum learned Additional District Judge, 4^th Court, Malda.

If on bail, the petitioner shall be physically present on each and every date before the learned trial Court in seisin of the case and shall not leave the jurisdiction of district of Malda without the prior permission of the learned Special Court.

Accordingly, the application for bail being CRM (NDPS) No. 1382 of 2025 is allowed.

Report 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.)