Prabhat Chandra Barman Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Prabhat Chandra Barman Vs the State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Petitioner Prabhat Chandra Barman 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 Sessions Judge, 1st Court (NDPS Act), Cooch Behar, subject to conditions that he shall reside within the jurisdiction of the learned Trial Court, appear before the learned trial Court on every date of hearing, and shall not intimidate witnesses or tamper with evidence; on failure to comply without justifiable cause, the learned trial Court may cancel his bail in accordance with law without further reference to this Court. Application disposed of; case diary to be returned.

Issue for consideration

Whether the petitioner is entitled to bail on the ground of non-compliance of Section 42 of the NDPS Act and non-communication of grounds of arrest at the time of arrest, despite recovery of contraband of commercial quantity from his possession.

Court's answer

On account of the admitted non-compliance of Section 42 of the NDPS Act and non-communication of grounds of arrest, this Court holds that the rigours of Section 37 of the NDPS Act are diluted.

Ratio / Principle

The petitioner is entitled to be released on bail despite the fact that contraband substance of commercial quantity has been recovered from his possession.

Detailed headnote1 paragraphs

Bail under Section 439 of the Code of Criminal Procedure read with Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in C.R.M. (NDPS) 625 of 2025, arising from Sahebganj PS Case No. 154 of 2025 dated 21.03.2025 under Sections 20(b)(ii)(c)/25 of the NDPS Act. Although contraband of commercial quantity was recovered from the petitioner's possession, the Court held that the admitted non-compliance of Section 42 of the NDPS Act and the non-communication of grounds of arrest at the time of arrest diluted the rigours of Section 37 of the NDPS Act, entitling the petitioner to bail. He was directed to be released on 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 Additional Sessions Judge, 1st Court (NDPS Act), Cooch Behar, subject to conditions of residence within the trial court's jurisdiction, appearance on every date of hearing, and non-intimidation of witnesses / non-tampering with evidence; non-compliance without justifiable cause permits the trial court to cancel bail without further reference. Application disposed of; case diary to be returned. (Suvra Ghosh, J., High Court at Calcutta, Circuit Bench at Jalpaiguri, dated 20.02.2026)

20.02.2026 Item No.25 Ct.No.6 b.das Allowed

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

C.R.M. (NDPS) 625 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 Sahebganj PS Case No. 154 of 2025 dated 21.03.2025 under Sections 20(b)(ii)(c)/ 25 of the NDPS Act.

And

In Re : Prabhat Chandra Barman

... Petitioner Mr. Sandip Guha Roy Mr. Ananda Paul Mr. Subham Saha ... for the Petitioner Mr. Ujjwal Luksom Mr. Chattu Roy ... for the State.

Heard learned counsels for the parties.

The petitioner prays for bail primarily on the ground of non compliance of Section 42 of the NDPS Act and also as grounds of arrest have not been communicated to him at the time of his arrest.

The said fact has not been disputed.

In the premises, this Court is inclined to hold that the rigours of Section 37 of the NDPS Act is diluted and the petitioner is entitled to be released on bail despite the fact that contraband substance of commercial quantity has been recovered from his possession.

Accordingly prayer for bail is allowed.

2

The petitioner Prabhat Chandra Barman 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 Sessions Judge, 1^st Court (NDPS Act), Cooch Behar subject to condition that he shall reside within the jurisdiction of learned Trial Court. 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) 625 of 2025 is 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.)