Calcutta High CourtCRM (NDPS)/32/2026allowed

Subhankar Das v. Narcotic Control Bureau

2026-01-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.01.2026

IN THE HIGH COURT AT CALCUTTA

Item No.33 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc.

C.R.M. (NDPS) 32 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NCB Crime No. 01/NCB/KOL/2025 dated 19.01.2025 under Sections 8(c) read with Sections 20(b)(ii)(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

And In Re :

Subhankar Das ... Petitioner.

Mr. Jayanta Narayan Chatterjee,, Sr. Adv., Ms. Jayashree Patra ... For the Petitioner.

Mr. Anirban Mitra, Mr. Sagar Saha ... For the N.C.B.

Learned advocate appearing for the petitioner draws the attention of the Court to the order of the Hon'ble Supreme Court passed in Special Leave to Appeal (Crl.) No(s). 16269/2025 wherein Sujit Das, the father of the present petitioner was granted bail.

I find that the period of incarceration was the principal consideration of the Hon'ble Apex Court for granting bail. The petitioner is in custody for a much more period than his father who has been granted bail.

Learned advocate appearing for the NCB, on the other hand, opposes the prayer for bail and submits a report, but is unable to distinguish the locus of the present petitioner from the other accused who has been released on bail by the Hon'ble Apex Court.

In view of the observations of the Hon'ble Apex Court, I direct the release of the present petitioner by the Trial Court on same terms and conditions as was imposed by the Hon'ble Apex Court in Special Leave to Appeal (Crl.) No(s). 16269/2025.

Report submitted by the learned advocate appearing for the NCB be kept with the record.

The application for bail, being CRM (NDPS) 32 of 2026, is, thus, disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)