Disposed¶14

Rabindranath Naskar @ Rabindra Nath Naskar @ Subodh Naskar @ Subodh v. State of West Bengal and Ors.

Calcutta HC25 Feb 2026WPA/10939/2025

Case brief

AI extract

What is this about?

NDPS Act Section 20(C); false implication; petitioner not named in FIR; name transpired from co-accused statement; Nodakhali Police Station case no. 495 of 2024 and case no. 41 of 2025; transfer of investigation to Narcotics Control Bureau refused; monitoring of investigation refused at mature stage; trial near completion, two witnesses remaining; grievance to be raised before trial Court; writ petition disposed of; WPA 10939 of 2025; Suvra Ghosh, J.; February 25, 2026.

What did the court decide?

No intervention in the ongoing NDPS trial and no transfer/monitoring of investigation; petitioner left free to raise his grievance before the trial Court at the appropriate stage; no order as to costs; allegations deemed not admitted since no affidavit invited. ¶14

Rabindranath Naskar @ Rabindra Nath Naskar @ Subodh Naskar… — Narcotics (NDPS) | Calcutta HC (2026)

What the court decided

AI extract

Outcome

¶14

Issue for consideration

Whether the petitioner, alleging false implication in two Nodakhali Police Station cases under the NDPS Act, is entitled to action against the implicating police officer, transfer of investigation to the Narcotics Control Bureau, and monitoring by a superior police officer. +1 more

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Court's answer

The petitioner remains at liberty to ventilate his grievance before the learned trial Court at the appropriate stage of trial.

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Ratio / Principle

Given that the NDPS trial is on the verge of completion and substantial evidence has been recorded, the Court declines to intervene in the trial.

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Key takeaways

Transfer of investigation or monitoring of investigation of a case at a mature stage does not arise.ratio¶13

Detailed headnote1 paragraphs

Writ petition by a person alleging he was falsely implicated in two Nodakhali Police Station cases (case no. 495 of 2024 under Section 20(C) NDPS Act against Sk Nur Ilahi, and case no. 41 of 2025 dated 25.01.2025), in neither of which he was named in the FIR, his name having transpired from a co-accused's statement; he sought action against the implicating officer, transfer of investigation to the Narcotics Control Bureau and monitoring by a superior officer. The State reported that charge sheet stood submitted in the earlier case and trial was at its fag end with two witnesses left. Holding that the trial was on the verge of completion with substantial evidence recorded, the Court declined to intervene and held that transfer or monitoring of investigation at a mature stage did not arise, leaving the petitioner at liberty to ventilate his grievance before the trial Court at the appropriate stage. Petition disposed of, no costs; allegations deemed not admitted as no affidavit invited. (Suvra Ghosh, J.)

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February 25, 2026 (31) ARDR

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WPA 10939 of 2025

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Rabindranath Naskar @ Rabindra Nath Naskar @ Subodh Naskar @ Subodh Vs.

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The State of West Bengal & ors.

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Adv. Soumya Nag, Adv. Aditya Tiwari,

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…for the petitioner.

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Adv. Swapan Banerjee, Adv. Tanmay Kumar Ghosh, Adv. Himangshu Ghosh,

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…for the State.

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The petitioner alleges that he has been framed in both the cases pending against him. Nodakhali Police Station case no. 495 of 2024 was registered under Section 20(C) of the NDPS Act against one Sk Nur Ilahi. The petitioner was not named in the FIR. Subsequently another FIR being Nodakhali Police Station case no. 41 of 2025 dated 25^th January, 2025 was registered wherein also, the petitioner was not named in the FIR. The petitioner’s name transpired in the subsequent case from the statement of the co accused and he was implicated and taken into custody. In the earlier case under the NDPS Act, the Investigating officer sought jail interrogation of the accused and upon completion of the same, the petitioner was arrested in the case as an accused and shown as arrested. He has no nexus with either of the cases and has been falsely implicated. The petitioner seeks necessary steps against the police officer who falsely implicated him, transfer of investigation to the Narcotics Control Bureau,

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Kolkata and monitoring of such investigation by a superior police officer.

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Learned counsel for the State submits that charge sheet has been submitted in the earlier case and trial is at its fag end. Two more witnesses are remaining to be examined.

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In view of the fact that the trial of the NDPS Act is on the verge of completion and substantial evidence has been recorded, this Court does not wish to intervene in the trial of the case. The question of transfer of investigation or monitoring of investigation of the case which is at a mature stage does not arise. However, the petitioner shall be at liberty to ventilate his grievance before the learned trial Court at the appropriate stage of trial.

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The writ petition is accordingly disposed of.

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There shall however, be no order as to costs.

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Since no affidavit is invited, the allegations contained in the petition are deemed not to have been admitted.

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

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(Suvra Ghosh, J.)

Rabindranath Naskar @ Rabindra Nath Naskar @ Subodh Naskar @ Subodh v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Rabindranath Naskar @ Rabindra Nath Naskar @ Subodh Naskar @ Subodh v. State of West Bengal and Ors.

Case brief

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What the court decided

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