Rubel Khan Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Rubel Khan Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to Rubel Khan on 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, Nadia at Krishnanagar, subject to conditions: physical presence on every date fixed by the Special Court; no departure from Nadia district without prior intimation to the Special Court; weekly reporting to the Officer-in-charge of Dhubulia Police Station for six months, extendable at the trial court's instance on the prosecution's request. Pending application(s), if any, disposed of.

Issue for consideration

Whether the petitioner, in custody since 26.02.2025 in an NDPS case involving 148 kg of ganja (commercial quantity), should be enlarged on bail at a stage where charges have been framed and two seizure-list witnesses have been examined. +1 more

Court's answer

Bail granted: without entering into the merits of the case, the Court was inclined to enlarge the petitioner on bail, having considered the period of detention and the time required to complete the trial.

Ratio / Principle

Petitioner Rubel Khan to be released on bail upon furnishing 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, Nadia at Krishnanagar.

Key takeaways

Condition of bail: the petitioner shall remain physically available on each and every date fixed by the learned Special Court and shall not leave the district of Nadia without prior intimation to the learned Special Court.ratio¶19
Additional condition: within the next six months the petitioner shall meet the Officer-in-charge of Dhubulia Police Station once in a week; if the trial court is of the opinion that the condition should be extended, it is the prosecution's duty to bring this to the notice of the learned Special Court.ratio¶22

Detailed headnote1 paragraphs

NDPS Act — Bail — S.439 CrPC / S.483 BNSS — commercial quantity (148 kg ganja) — petitioner in custody since 26.02.2025, charges framed, two seizure-list witnesses examined — no recovery alleged from petitioner's possession; implication based only on two mobile phones seized from the vehicle — bail granted without entering into merits, considering period of detention and time required for completion of trial — conditions: bond of Rs.20,000/- with two sureties of Rs.10,000/- each (one local); physical presence on every date before the Special Court; no departure from Nadia district without prior intimation; weekly reporting to O/C, Dhubulia Police Station for six months, extendable at trial court's instance on prosecution's request — CRM (NDPS) 447 of 2026 allowed; pending application(s) disposed of.

02.04.2026

Serial no. 10 [ G.S.D ]

CRM (NDPS) 447 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 NDPS Case No. 27 of 2025 arising out of Dhubulia Police Station Case No. 28 of 2025 dated 18.01.2025 u/s 20(b)(ii)C/25/29 of the NDPS Act.

-And-

In the matter of : Rubel Khan

Mr. Joy Chakraborty Mr. Partha Pratim Das Mr. Suparna Chatterjee

… … Petitioner(s) … for the Petitioner(s)

… for the State-respondent(s)

Learned advocate for the petitioner submits that the petitioner is in custody since 26^th February, 2025, charges have already been framed and two of the seizure list witnesses have been examined in connection with the instant case. Learned advocate also added that there was no recovery from the possession of the present petitioner and the petitioner has been implicated in connection with the instant case only on the basis of seizure of two mobile phones from the vehicle wherefrom seizure was effected and the said mobile phones belongs to the present petitioner.

Learned advocate for the State opposes the prayer for bail and submits that the subject-matter of the recovery in the present case is 148 kg of ganja. Learned advocate

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added that, as the same is of commercial quantity, the petitioner may not be released on bail.

I have taken into account the factum of seizure list witnesses being examined who are not connected with the present petitioner but are connected with the seizure in respect of the contraband.

Having considered the period of detention of the present petitioner and the fact that some time will be required to complete the trial, without entering into the merits of the case, I am inclined to enlarge the petitioner on bail.

Hence, the prayer for bail of the petitioner is

Allowed.

Accordingly, the petitioner viz, Rubel Khan 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, Nadia at Krishnanagar.

If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court and shall not leave the district of Nadia without prior intimation to the learned Special court.

Additionally, it is directed that the petitioner shall within the next six months meet with the Officer-in-charge

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of Dhubulia Police Station once in a week. If the learned trial court is of the opinion that the said condition should be extended, it would be the duty of the prosecution to bring the same to the notice of the learned Special Court.

Accordingly, CRM (NDPS) 447 of 2026 is allowed .

Pending application(s), if any, is also disposed of.

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.)