Chaton Mandal @ Choton Mondal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Chaton Mandal @ Choton Mondal Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted: release on bond of Rs.20,000 with two sureties of like amount each (one local), to the satisfaction of the learned Sessions Judge, 1st Court (NDPS Act), Jalpaiguri, subject to conditions of residence within Trial Court jurisdiction, furnishing address to the Trial Court, investigating officer and officer-in-charge, appearance on every hearing date, and abstention from intimidating witnesses or tampering with evidence; non-compliance entitles the Trial Court to cancel bail; case diary to be returned.

Issue for consideration

Whether the petitioner, against whom no contraband article was recovered and whose name transpired from the statement of the co-accused, is entitled to bail notwithstanding the statutory restriction under Section 37 of the NDPS Act.

Court's answer

Since no contraband article was recovered from the petitioner's possession and his name transpired from the statement of the co-accused, the petitioner has rebutted the statutory restriction laid down under Section 37 of the NDPS Act and is entitled to be released on bail.

Ratio / Principle

Prayer for bail allowed: the petitioner is to be released on bail upon furnishing a bond of Rs.20,000 with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Sessions Judge, 1st Court (NDPS Act), Jalpaiguri, subject to conditions including remaining within the Trial Court's jurisdiction, furnishing his address, appearing on every hearing date, and not intimidating witnesses or tampering with evidence.

Detailed headnote1 paragraphs

Bail — NDPS Act — Sections 8(c)/21(c)/29 — Statutory restriction of Section 37 NDPS Act rebutted where no contraband article was recovered from the petitioner's possession and his name transpired from the statement of the co-accused; bail granted under Section 439 CrPC read with Section 483 BNSS 2023 on bond of Rs.20,000 with two sureties (one local), with conditions of residence, appearance and non-tampering; C.R.M. (NDPS) 618 of 2025 disposed of.

20.02.2026 Item No.21 Ct.No.6 b.das Allowed

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

C.R.M. (NDPS) 618 of 2025

In Re : An application for bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NJP GRPS Case No. 08 of 2024 dated 12.02.2024 under Sections 8(c)/21(c)/29 of the NDPS Act.

And

In Re : Chaton Mandal @ Choton Mondal

... Petitioner

Mr. Biswarup Roy ... for the Petitioner Mr. Aniruddha Biswas ... for the State.

Heard learned counsels for the parties.

In view of the fact that no contraband article has been recovered from the possession of the petitioner and his name has transpired from the statement of the co accused, this Court is inclined to hold that the petitioner has been able to rebut the statutory restriction laid down under Section 37 of the NDPS Act and is entitled to be released on bail.

Accordingly prayer for bail is allowed.

The petitioner Chaton Mandal @ Choton Mondal 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 Sessions Judge, 1^st Court (NDPS Act,

2

Jalpaiguri subject to condition that he shall remain within the jurisdiction of learned Trial Court and shall furnish the address where he shall presently reside before the learned Trial Court, the investigating officer and the officer in charge of the concerned police station under whose jurisdiction he shall henceforth reside. He shall appear before the learned Trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to comply with any of the conditions mentioned above without justifiable cause, 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 being CRM (NDPS) 618 of 2025 is, thus, disposed of.

Case Diary be returned.

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

(Suvra Ghosh, J.)