Disposed¶13

Akhil Sonowal and Anr. v. State of West Bengal

Calcutta HC19 Jan 2026CRM (NDPS)/23/2026

Case brief

AI extract

What is this about?

CRM (NDPS) 23 of 2026; Akhil Sonowal & Anr. v. State; bail under S.439 CrPC / S.483 BNSS; NDPS Act Ss.20(b)(ii)/29; Howrah GRPS P.S. Case no. 169 of 2025 dated 19.11.2025; intermediate quantity of contraband; joint possession; custody over two months; charge-sheet submission unconfirmed by State; conditional release on bail by Special Court upon charge-sheet; statutory rights preserved; application disposed of; Tirthankar Ghosh, J.; order dated 19.01.2026.

What did the court decide?

Conditional bail direction: upon submission of the charge-sheet, the learned Special Court to release the petitioners on bail on such terms and conditions as it deems fit and proper for ensuring their future appearance before the Court; petitioners' right to exhaust statutory remedies expressly preserved. ¶13

Akhil Sonowal and Anr. Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶13

Issue for consideration

Whether the petitioners, in whose joint possession an intermediate quantity of contraband was allegedly recovered and who have been in custody for more than two months, are entitled to be released on bail under Section 439 CrPC / Section 483 BNSS in connection with Howrah GRPS Police Station Case no. 169 of 2025 under Sections 20(b)(ii)/29 NDPS Act.

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Court's answer

In case the charge-sheet is submitted, the learned Special Court would release the petitioners on bail on such terms and conditions as it deems fit and proper for ensuring the future appearance of the accused/petitioners before the Court.

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Ratio / Principle

The said direction will not prevent the petitioners from exhausting the statutory rights vested within the ambit of the statute.

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Detailed headnote1 paragraphs

Bail application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Howrah GRPS Police Station Case no. 169 of 2025 dated 19.11.2025 under Sections 20(b)(ii)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioners submitted that an intermediate quantity of contraband was recovered from their joint possession and that they had been in custody for more than two months. Counsel for the State did not oppose the contention but was unable to apprise the Court whether a charge-sheet had been submitted. The Court directed that, in case the charge-sheet is submitted, the learned Special Court would release the petitioners on bail on such terms and conditions as it deems fit and proper for ensuring their future appearance before the Court, while making clear that this would not prevent the petitioners from exhausting the statutory rights vested within the ambit of the statute. The application was disposed of. (Tirthankar Ghosh, J.)

Akhil Sonowal and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Akhil Sonowal and Anr. v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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