Sanjib Sarkar Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Sanjib Sarkar Vs the 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 like amount each (one local), subject to remaining within the jurisdiction of the learned trial Court, appearing before it on every date of hearing fixed, and not tampering with evidence or intimidating witnesses; trial court at liberty to cancel bail on breach without further reference.

Issue for consideration

Whether the petitioner has rebutted the statutory restriction under Section 37 of the NDPS Act and is entitled to be released on bail.

Court's answer

The petitioner possesses a valid licence under the Drugs and Cosmetics Act, 1940.

Ratio / Principle

Although the invoice produced by the petitioner does not match the seized articles, it is not the case of the prosecution that such articles were illegally procured or sold.

Key takeaways

The petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to be released on bail.ratio¶13

Detailed headnote1 paragraphs

Bail granted - C.R.M. (NDPS) 582 of 2025 (High Court at Calcutta, Circuit Bench at Jalpaiguri; Suvra Ghosh, J.; decided 20.02.2026): Applicant Sanjib Sarkar sought bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Malbazar Police Station Case No. 736 of 2024 dated 29.12.2014 under Sections 21(c)/22(c)/25/27A/29 of the NDPS Act read with Section 25(1B)/(a)/29/35 of the Arms Act. The Court found that the petitioner possesses a valid licence under the Drugs and Cosmetics Act, 1940 and that, though the invoice produced did not match the seized articles, the prosecution did not allege illegal procurement or sale; accordingly the petitioner was held to have rebutted the statutory restriction under Section 37 of the NDPS Act. Bail allowed on a bond of Rs.20,000/- with two sureties of like amount each (one local), subject to conditions of remaining within trial-court jurisdiction, appearing on every hearing date, and not tampering with evidence or intimidating witnesses; case disposed of and case diary to be returned.

20.02.2026 10 jb. jdt. Allowed

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

C.R.M. (NDPS) 582 of 2025

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Malbazar Police Station Case No. 736 of 2024 dated 29.12.2014 under Sections 21(c)/22(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act read with Section 25(1B)/(a)/29/35 of the Arms Act.

And

In Re : Sanjib Sarkar

Mr. Jaydeep Kanta Bhowmik Mr. Asim Sarkar Mr. Shubham Kumar Mr. Bibek Tarafdar Ms. Priti Das ... For the Petitioner.

Mr. Aditi Shankar Chakraborty Mr. Kallol Acharjee Mr. Kallol Nag

… For the State

Report submitted by the State is taken on record.

It appears from the documents produced by the petitioner before the investigating officer that the petitioner possesses a valid licence under the Drugs and Cosmetics Act, 1940. Though the report says that the invoice produced by the petitioner does not match with the seized articles, it is not the case of the prosecution that such articles were illegally procured or sold.

2

In view of the above, this Court is inclined to hold that the petitioner has been able to rebut the statutory restriction under Section 37 of the NDPS Act and is entitled to be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Sanjib Sarkar shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Additional District and Sessions Judge, 1^st Court, (NDPS Act), Jalpaiguri subject to condition that he shall remain within the jurisdiction of the learned trial Court and shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (NDPS) 582 of 2025 is disposed of.

Case diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)