Moti Shatabdi Bishvas@Biswas Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Moti Shatabdi Bishvas@Biswas Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Release 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, 3rd Special Court (NDPS Act), Purba Bardhaman; petitioner to be physically present on each and every date before the learned trial Court in seisin of the case and not to leave the jurisdiction of the district of Purba Bardhaman without prior permission of the learned Special Court.

Issue for consideration

Whether the petitioner, arraigned in Burdwan GRPS Case no. 39 of 2025 under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for alleged recovery of 330 bottles of phensedyl from joint possession, should be released on bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Court's answer

Taking into account the quantum of recovery, that charges are yet to be framed with date fixed for the same, and that there is no possibility of the trial concluding in the near future, further incarceration of the petitioner is unwarranted; accordingly the prayer for bail is allowed.

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 Burdwan GRPS Case no. 39 of 2025 (dated 05.08.2025) under Sections 21(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, involving alleged recovery of 330 bottles of phensedyl from the joint possession of the petitioner and another. The petitioner had been in custody for more than six months and eighteen days; the charge-sheet had been submitted, but charges were yet to be framed with the date fixed therefor, so the trial was not likely to conclude in the near future. Holding further incarceration unwarranted, the Court allowed the prayer for 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, 3rd Special Court (NDPS Act), Purba Bardhaman, subject to the conditions that the petitioner remain physically present on each and every date before the learned trial Court and not leave the jurisdiction of the district of Purba Bardhaman without prior permission of the learned Special Court.

24.02.2026 Court No.35. D/L.59 Rakib (Allowed)

CRM (NDPS) 346 of 2026

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 Burdwan GRPS Case no. 39 of 2025 dated 05.08.2025 under Sections 21(C)/29 of the of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And

In the matter of : Moti Shatabdi Bishvas @ Biswas.

……Petitioner. Mr. S. D. Mahapatra Mr. Palash Bapari ……for the Petitioner. Mr. Ranabir Roy Chowdhury Mr. Mirza Firoj Ahmed Begg ……for the State.

Learned advocate for the petitioner submits that the subject matter of the case is involved in alleged recovery of 330 bottles of phensedyl from the joint possession of the petitioner and another. It has also been contended that the petitioner is in custody for more than six months and eighteen days and charge-sheet has already been submitted before the jurisdictional Court. As such petitioner may be released on bail on any stringent conditions.

Learned advocate for the State opposes the prayer for bail.

I have taken into account the quantum of recovery and is of the opinion that as charges are yet to be framed and date has been fixed for the same, there is no possibility of the trial concluding in near future. As such further incarceration of the petitioner is unwarranted. Accordingly, the prayer for bail of the petitioner is allowed.

2

As such, petitioner namely, Moti Shatabdi Bishvas @ Biswas 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, 3^rd Special Court (NDPS Act), Purba Bardhaman.

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 Purba Bardhaman without prior permission of the learned Special Court.

Accordingly, the prayer for bail in CRM (NDPS) 346 of 2026 is allowed.

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.)