Amrita Sen Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

Amrita Sen Vs State of West Bengal — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

Bail granted to petitioner Amrita Sen on a personal bond of Rs. 30,000/- with two sureties of the like amount (one of whom must be local), to the satisfaction of the learned Additional District and Sessions Judge, 1st Court (NDPS), Cooch Behar, subject to conditions: appearance before the learned Trial Court on every date of hearing until further orders; no threatening, tampering or intimidation of the complainant or family members and no commission of similar offence; no leaving the jurisdiction of the learned Trial Court until further orders; violation entitles the prosecution to move for cancellation of bail. The application for bail was allowed and C.R.M. (NDPS) 77 of 2026 stands disposed of.

Issue for consideration

Whether the petitioner Amrita Sen, arraigned in Ghoksadanga Police Station Case No. 331 of 2025 under Sections 20(b)(ii)(C) & 29 of the NDPS Act over alleged recovery of contraband in commercial quantity from four persons (possession alleged to be joint), should be released on bail under Section 439 CrPC / Section 483 BNSS.

Court's answer

The Court recorded that it was not disputed that the other co-accused persons had been admitted to bail, and noted that in respect of Jharna Sarkar @ Sabita and Sadhan Sarkar (CRM (NDPS) 613 of 2025, order dated 11th February, 2026) even the State did not oppose the bail application; this parity formed the stated basis for granting bail.

Ratio / Principle

Taking into account the facts and circumstances of the case, the petitioner Amrita Sen was released on bail on a personal bond of Rs. 30,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Additional District and Sessions Judge, 1st Court (NDPS), Cooch Behar.

Key takeaways

Bail was made subject to the condition that the petitioner shall appear before the learned Trial Court on every date of hearing until further orders.ratio¶19
Further condition: the petitioner shall not threaten, tamper or intimidate the complainant or members of the complainant's family in any manner whatsoever, and shall not commit a similar offence in future.ratio¶19
Further condition: the petitioner shall not leave the jurisdiction of the learned Trial Court until further orders.

Detailed headnote1 paragraphs

Bail granted. Application under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 by Amrita Sen, arraigned in Ghoksadanga Police Station Case No. 331 of 2025 (dated 24.06.2025) under Sections 20(b)(ii)(C) & 29 of the NDPS Act, in which contraband in commercial quantity was allegedly recovered from four accused persons, possession alleged to be joint. Petitioner's counsel submitted that four separate bags were recovered and that the quantity attributable to the petitioner was less than commercial quantity; all three co-accused were already on bail, and in CRM (NDPS) 613 of 2025 (Jharna Sarkar @ Sabita and Sadhan Sarkar, order dated 11th February, 2026) even the State had not opposed bail. Charge-sheet filed; petitioner in custody for about eight months. Held (Dinesh Kumar Sharma, J., 02.03.2026): parity with the co-accused being undisputed, bail allowed on a personal bond of Rs. 30,000/- with two sureties of the like amount (one local) to the satisfaction of the learned Additional District and Sessions Judge, 1st Court (NDPS), Cooch Behar, subject to conditions - appearance before the Trial Court on every date of hearing, no threatening/tampering/intimidation of the complainant or family, no similar offence, and no leaving the Trial Court's jurisdiction until further orders; violation entitles the prosecution to seek cancellation of bail.

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

02.03.2026 Sl. no. 76 Ct. No. 6 Susanta (ALLOWED)

C.R.M. (NDPS) 77 OF 2026

In Re : An application for bail under Section 439 of the Code of Criminal Procedure, 1973 corresponding to Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 in connection with Ghoksadanga Police Station Case No. 331 of 2025 dated 24.06.2025 under Sections 20(b)(ii)(C) & 29 of the NDPS Act.

And

In the matter of : Amrita Sen.

…. Petitioners

Mr. Sapatrshi Banik, Mr. Shankar Sarkar,

…. For the petitioner.

Mr. Aditi Shankar Chakraborty, Ld. APP, Dr. Arjun Choudhury,

… For the State.

The case of the prosecution that contraband article in commercial quantity was recovered from four persons including the present petitioner.

It was allegedly joint possession and the alleged contraband was commercial quantity.

Learned counsel for the petitioner submits that four separate bags were recovered from the four persons including the present petitioner. Learned counsel submits that from the present petitioner the alleged recovery of contraband article is less than commercial quantity. Learned counsel submits that all three co-accused persons

have been admitted to bail. The petitioner is in custody for the last eight months.

The charge-sheet has been filed.

The learned counsel for the State vehemently opposed the bail application and submits that it was a case of joint possession of commercial quantity of contraband articles.

The Court has considered the submissions. It is not disputed that the other co-accused persons have been admitted to bail. On perusal of order dated 11^th February, 2026 in CRM (NDPS) 613 of 2025, Jharna Sarkar @ Sabita and Sadhan Sarkar even the State did not oppose the bail application.

Thus taking into the facts and circumstances of the case, the petitioner, viz. Amrita Sen are released on bail of personal bond of Rs. 30,000/- with two sureties of the like amount, one of whom must be local, to the satisfaction of the learned Additional District and Sessions Judge, 1^st Court (NDPS) Cooch Behar, subject to the condition that the petitioner shall appear before the learned Trial Court even every date of hearing until further orders. The petitioner 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 to 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 an application for cancellation of bail.

The application for bail is allowed.

C.R.M. (NDPS) 77 of 2026 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.)