Samir Biswas Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Samir Biswas Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Samir Biswas to be released on bail upon furnishing bond of Rs.20,000/- with two sureties of like amount each (one of whom must be local), to the satisfaction of the learned Additional District and Sessions Judge (NDPS), Siliguri, subject to conditions that he remain within the jurisdiction of the learned trial Court, appear before it on every date of hearing fixed by it, and not tamper with evidence or intimidate witnesses; the learned trial Court at liberty to cancel bail in accordance with law without further reference to this Court on breach of any condition.

Issue for consideration

Whether the petitioner, in custody for over 400 days in an NDPS case involving recovery of commercial quantity contraband, is entitled to bail on the ground that grounds of arrest were not communicated to him at the time of his arrest.

Court's answer

Bail granted solely on the touchstone of Article 21 and Article 22 of the Constitution of India, on the ground that grounds of arrest were not communicated to the petitioner at the time of arrest, notwithstanding recovery of commercial quantity contraband from him.

Ratio / Principle

Acting on the Hon'ble Supreme Court's observation relied upon by counsel, the Court proceeded on the position that the constitutional obligation under Article 22 is not statute-specific, being grounded in the fundamental right to life and personal liberty under Article 21 and applicable to all offences including those under the IPC 1860, and that non-supply of grounds of arrest renders the arrest illegal entitling release of the arrestee.

Detailed headnote1 paragraphs

NDPS bail — Application under Section 483, Bharatiya Nagarik Suraksha Sanhita, 2023 — Case under Sections 21(c)/22(c) and 29, NDPS Act (Pradhan Nagar P.S. Case No. 809 of 2024) — Commercial quantity contraband recovered — Petitioner in custody over 400 days — Grounds of arrest not communicated at the time of arrest — Court grants bail solely on the touchstone of Articles 21 and 22 of the Constitution, applying the Hon'ble Supreme Court's ruling (Criminal Appeal Nos. 2195, 2189, 2190 of 2025 with S.L.P. (Crl.) No. 8704 of 2025, dated 06.11.2025) that the Article 22 obligation is not statute-specific, being grounded in the Article 21 right to life and personal liberty and extending to all offences including those under the IPC 1860, and that non-supply of grounds of arrest renders the arrest illegal entitling release — Released on bond of Rs.20,000/- with two like sureties (one local), with conditions; trial Court empowered to cancel bail on breach.

11.02.2026 53 jb. jdt. Allowed

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

C.R.M. (NDPS) 595 of 2025

In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pradhan Nagar Police Station Case No. 809 of 2024 dated 19.12.2024 under Sections 21(c)/22(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act.

And

In Re : Samir Biswas

Mr. Mayank Roy

... For the Petitioner.

Mr. Saikat Chatterjee Mr. Chatu Roy … For the State

Heard learned counsels for the parties.

The petitioner is in custody for more than 400 days and prays for bail primarily on the ground that grounds of arrest have not been communicated to him at the time of his arrest. Learned counsel for the petitioner places reliance on various judgments of the Hon’ble Supreme Court including a recent judgment in Criminal Appeal no. 2195 of 2025 with Criminal Appeal no. 2189 of 2025 with Criminal Appeal no. 2190 of 2025 and S.L.P. (CRL.) No. 8704 of 2025 dated 6^th November, 2025 in support of his contention.

Learned counsel for the State vehemently opposes the prayer.

2

It is a fact that contraband substance of commercial quantity has been recovered from the petitioner. However, the Hon’ble Supreme Court has in no uncertain terms observed that the constitutional obligation under Article 22 is not statutespecific and it is grounded in fundamental right of life and personal liberty under Article 21 of the Constitution of India, therefore making it applicable to all offences including those under the IPC 1860. The Hon’ble Court has observed that in absence of supply of ground of arrest to the arrestee, the arrest shall be rendered illegal entitling release of the arrestee.

In view of the above, this Court is inclined to release the petitioner on bail solely on the touchstone of Article 21 and Article 22 of the Constitution of India.

Accordingly, the prayer for bail is allowed.

The petitioner namely Samir Biswas 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 (NDPS), Siliguri 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.

The application for bail is disposed of.

3

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.)