Calcutta High CourtCRM (NDPS)/762/2026allowed

Rahul Patra v. Narcotic Control Bureau

2026-04-27Hon'Ble Justice Tirthankar Ghosh2 pages

27.04.2026 Court No.35.

D/L. 49.

Kausik (Allowed) CRM (NDPS) 762 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 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 NDPS Act, 1985. And In the matter of : Rahul Patra ......Petitioner.

Mr. Jayanta Narayan Chatterjee, Sr. Adv.

Ms. Jayashree Patra Mr. Suprabha Dey ......for the Petitioner.

Mr. Anirban Mitra Mr. Sagar Saha ......for the Union of India.

Learned advocate appearing for the petitioner submits that petitioner is in custody for 1 year and 3 months and some of the other accused persons including the owner of the hotel namely, one, Sujit Das had been granted bail by the Hon'ble Supreme court in Special Leave to Appeal (Crl.) No(s). 16269/2025.

Learned advocate for the NCB opposes the prayer for bail and submits that the call data records reflect complicity of the present petitioner and additionally the present petitioner was present when the seizure was effected by the NCB Officials.

I have taken into account the quantum of seizure as also the genesis of the case which relate to alleged recovery from a hotel. The communication which has been alleged was between Sujit Das and others and the present petitioner. As Sujit Das was granted bail wherein the Hon'ble Apex Court was pleased to observe the period of incarceration of the said Sujit Das which was for more than 8 months for which he has been granted bail and as time would be required for taking the trial to its logical conclusion, I am of the view the same benefit be extended to the present petitioner.

Accordingly, the prayer for bail of the petitioner is allowed. Accordingly, petitioner shall co-operate in course of the trial of the case and will not contribute to the delay. Petitioner shall be released on such terms and conditions as the trial court deems fit and proper.

Accordingly, CRM (NDPS) 762 of 2026 is allowed. Report submitted be kept with the record.

All parties shall act in terms of server copy of the order 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.)