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

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

What the court decided

AI extract

Outcome

Petitioner Shyamal Das released on bail of Rs. 15,000/- with two sureties of the like amount (one surety local), to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar, subject to conditions: attendance before the Trial Court on every hearing date until further orders; no threatening, tampering or intimidation of the complainant or family members and no similar offence in future; not to leave the Trial Court's jurisdiction until further orders; breach entitles prosecution to apply for cancellation of bail.

Issue for consideration

Whether petitioner Shyamal Das, arraigned in Sahebganj Police Station Case No. 536 of 2025 under Sections 20(b)(ii)(C)/29 of the NDPS Act, should be admitted to bail under Section 439 CrPC / Section 483 BNSS. +1 more

Court's answer

Taking the facts and circumstances of the case into account, the court directed release of petitioner Shyamal Das on bail of Rs. 15,000/- with two sureties of the like amount (one local), to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar.

Ratio / Principle

Release made conditional: petitioner to appear before the learned Trial Court on every date of hearing until further orders; not to threaten, tamper or intimidate the complainant or family members nor commit similar offence; not to leave the Trial Court's jurisdiction until further orders; on violation, prosecution free to move for cancellation of bail.

Key takeaways

The bail application was allowed and C.R.M. (NDPS) 154 of 2026 stands disposed of.ratio¶19

Detailed headnote1 paragraphs

NDPS bail granted. In C.R.M. (NDPS) 154 of 2026 (Criminal Miscellaneous jurisdiction, High Court at Calcutta, Circuit Bench at Jalpaiguri, decided 05.03.2026 by Dinesh Kumar Sharma, J.), Shyamal Das, arrested about two months after recovery of around 199 kg of ganja-like substance allegedly effected from co-accused Shyamali Ray @ Shamali Roy (wife of co-accused Shyamal Roy) in Sahebganj Police Station Case No. 536 of 2025 dated 12.09.2025 under Sections 20(b)(ii)(C)/29 NDPS Act, was released on bail under Section 439 CrPC/Section 483 BNSS. No recovery was effected from the petitioner; State counsel conceded nothing on record evidenced any connection between the petitioner and the co-accused from whom the recovery was made; co-accused were stated to be already on bail. Bail fixed at Rs. 15,000/- with two like sureties (one local) to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar, conditioned on attendance at every hearing until further orders, no threatening/tampering with the complainant or family, no similar offence, and no leaving the Trial Court's jurisdiction until further orders, failing which prosecution may seek cancellation. Application allowed; C.R.M. (NDPS) 154 of 2026 disposed of.

IN THE HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION

05.03.2026 Sl. no. 20 Ct. No. 6 Susanta (ALLOWED)

C.R.M. (NDPS) 154 OF 2026

In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 536 of 2025 dated 12.09.2025 under Sections 20(b)(ii)(C)/29 of the NDPS Act.

And

In the matter of : Shyamal Das

…. Petitioner

Mr. Rajdeep Mazumdar Sr. Adv (VC),

Ms. Supriya Singh, Mr. Pritam Singh, Ms. Susmita Ghosh,

…. For the petitioner.

Mr. Nilay Chakraborty, Ld. APP, Mr. Biswarup Roy,

… For the State.

The case of the prosecution is that around 199 kg. of

Ganja like substance was recovered from accused Shyamali Ray @ Shamali Roy. Shyamali Ray @ Shamali Roy is the wife of co-accused Shyamal Roy. Allegedly the recovery was effected from the house of Shyamal Ray and Shyamali Ray @ Shamali Roy. Subsequently on the statement of Shyamali Ray @ Shyamali Roy the present petitioner, Shyamal Das was arrested around two months after.

Learned Senior counsel for the petitioner submits that since no recovery was effected from the present

petitioner and co-accused have already been admitted to bail the present petitioner may also be admitted to bail.

Learned counsel for the State has opposed the bail application. Learned counsel, however, has fairly submitted that no recovery was effected from the present petitioner and nothing has been brought on record to indicate that there was any evidence as to the connection between the petitioner and the co-accused Shyamali Ray @ Shamali Roy from whom the recovery was effected.

Thus taking into the facts and circumstances of the case, the petitioner, viz. Shyamal Das is released on bail of Rs. 15,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Additional Sessions Judge, 1^st Court (NDPS) Cooch Behar, subject to the condition that the petitioner shall appear before the learned Trial Court even every date of hearing until further orders. The petitioner shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioner shall not leave to the jurisdiction of the learned Trial Court until further orders. In case the petitioner violates any such condition the prosecution is at liberty to move an application for cancellation of bail.

The application for bail is allowed.

C.R.M. (NDPS) 154 of 2026 stands disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

(Dinesh Kumar Sharma, J.)