Mithun Sutradhar @ Mithu @ Docorbabu Vs the State of West… — Narcotics (NDPS) | Calcutta HC (2026)

Mithun Sutradhar @ Mithu @ Docorbabu Vs the State of West… — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted: release of the petitioner on bail of Rs. 10,000/- with two sureties of the like amount (one local) before the Special Court (NDPS Act), Alipurduar, subject to conditions of regular trial attendance, no threatening/tampering/intimidation of the complainant or family, no commission of similar offences, and no leaving the trial court's jurisdiction until further orders; prosecution free to seek cancellation on breach.

Issue for consideration

Whether bail under Section 439 of the Code of Criminal Procedure, 1973 (corresponding to Section 483 of the BNSS, 2023) should be granted to the petitioner in NDPS Case No. 230 of 2025 (Jaygaon Police Station Case No. 182 of 2025).

Ratio / Principle

Taking into account the facts and circumstances of the case, the petitioner is released on bail of Rs. 10,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the Learned Judge, Special Court (NDPS Act), Alipurduar.

Key takeaways

Bail is subject to the condition that the petitioner shall appear/attend the trial regularly before the learned Trial Court.ratio¶¶13
The petitioner shall not at any point of time threaten, tamper or intimidate the complainant or members of the complainant's family, and shall not commit any similar offence in future.ratio¶¶13
The petitioner shall not leave the jurisdiction of the learned Trial Court until further orders.ratio

Detailed headnote1 paragraphs

Calcutta High Court (Jalpaiguri Circuit Bench), C.R.M. (NDPS) 634 of 2025, decided 05.03.2026 by Dinesh Kumar Sharma, J.: bail application under Section 439 CrPC (corresponding to Section 483 BNSS, 2023) ALLOWED. Petitioner Mithun Sutradhar @ Mithu @ Doctorbabu, accused in NDPS Case No. 230 of 2025 arising out of Jaygaon Police Station Case No. 182 of 2025 (dated 03.08.2025) under Sections 21(c)/25/29 NDPS Act, after recovery of 49 bottles of RC cough syrup from him and one Subham Saha, was in custody over 200 days; charge sheet stood filed and he had no criminal antecedent; State counsel reported no adverse report on the drug licence issued to him. Released on bail of Rs. 10,000/- with two like sureties (one local) to the satisfaction of the Learned Judge, Special Court (NDPS Act), Alipurduar, on conditions of regular trial attendance, no threatening/tampering/intimidation of the complainant or family, no similar offences, and no leaving the trial court's jurisdiction until further orders; breach entitles the prosecution to move for cancellation.

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

05.03.2026 Sl. no. 11 Ct. No. 6 P.M. (Allowed)

C.R.M. (NDPS) 634 OF 2025

In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS case No. 230 of 2025 arising out of Jaygaon Police Station Case No. 182 of 2025 dated 03.08.2025 under Sections 21(c)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And

In the matter of : Mithun Sutradhar @ Mithu @ Doctorbabu

…. Petitioner

Mr. Arijit Ghosh, Mr. A. Das, Ms. Angana Rakshit …. For the petitioner

Mr. Nilay Chakraborty, Ld.APP Ms. Sukanya Adhikary … for the State

Learned counsel for the State submits that he has not received any adverse report regarding the drug licence issued in favour of the petitioner.

The case of the petitioner is that 49 bottles of RC cough syrup were recovered from the possession of the petitioner and Subham Saha. The petitioner is stated to be in custody for last more than 200 days.

Learned counsel for the State has fairly submitted that charge sheet has already been filed. There is no criminal antecedent.

Thus taking into the facts and circumstances of this case the petitioner is released on bail of Rs. 10,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of Learned Judge, Special Court (NDPS Act), Alipurduar, subject the condition that the petitioner shall appear/attend the trial regularly before the learned Trial Court and at any point of time shall not threaten, tamper or intimidate the complainant or members of the family in any manner or whatsoever commit similar offence in future. The petitioner shall not leave the jurisdiction of the learned Trial court until further orders. In case the petitioner violates any such condition the prosecution is at liberty to move for cancellation of bail.

This application being CRM (NDPS) 634 of 2025 stands disposed of.

Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all usual requisite formalities.

(Dinesh Kumar Sharma, J.)