18.08.2026 DL-8 Court No.551 [Bench ID-266058] (AD) (Allowed) In the High Court at Calcutta Criminal Miscellaneous Jurisdiction Appellate Side C.R.M. (A) 2385 of 2026 In Re: - An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Hili Police Station Case No.7 of 2026 dated 13.01.2026 under Sections 21(C)/22(C)/23(C)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Sections 27/27A/27(b)(ii) of the Drugs and Cosmetics Act, 1940 (corresponding NDPS Case No.06 of 2026) pending before the Learned Special Judge (under NDPS Act)-cum- Additional Sessions Judge, 3rd Court, Dakshin Dinajpur at Balurghat. And In the matter of: Pintu Dutta ….petitioner Mr. Kaushik Choudhury, Advocate Mr. Dwaipayan Panda, Advocate …for the petitioner Mr. Kallol Mondal, Ld. PP Mr. Ayan Basu, Advocate Mr. Gautam Banerjee, Advocate … for the State. 1. It has been submitted by the learned Advocate appearing for the petitioner that the investigation of the case has ended in charge sheet under Sections 27/27A/27(b)(ii) of the Drugs and Cosmetics Act, 1940 as well as under Sections 21(C)/22(C)/23(C)/27A/28/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. 2. Learned Advocate appearing for the petitioner submits that the petitioner has been implicated in this case solely on the basis of statement of co-accused made while in custody. Nothing was recovered from the possession of the present petitioner. In such circumstances, the petitioner prays for anticipatory bail. 2 3. Learned Advocate appearing for the State concedes to the submissions made on behalf of the petitioner. He also submits that the charge sheet has been filed against the present petitioner purely on the basis of the statement of co-accused made while in custody. 4. There are no criminal antecedents as against the present petitioner so far as the allegation against the NDPS Act, 1985 is concerned. In fact, there is no nexus of the petitioner exhibited from the materials in the case diary with the seized narcotic substance and/or persons arrested with the narcotic contraband. 5. In such circumstances, I am of the opinion that the petitioner is able to overcome the restrictions under Section 37 of the NDPS Act, 1985. 6. Consequently, I am inclined to grant anticipatory bail to the petitioner. 7. Accordingly, I direct that in the event of arrest, the petitioner shall be released on bail upon furnishing a Bond of Rs.10,000/- (Rupees Ten Thousand Only), with two sureties of like amount each to the satisfaction of the Arresting Officer and also subject to the conditions as laid down under Section 482(2) of the Bharatiya Nagarik Suraksha Sanhita, 2023 and on condition that the petitioner shall appear on every date before the jurisdictional Court on and from the date fixed for appearance of the accused and in default, the jurisdictional Court will pass appropriate order to secure 3 the presence of the petitioner in Court including cancelling the anticipatory bail granted without further reference to this Court. 8. The prayer for anticipatory bail of the petitioner is allowed. 9. C.R.M. (A) 2385 of 2026 is disposed of. (Md. Shabbar Rashidi, J.) ABHIJIT DAS Digitally signed by ABHIJIT DAS Date: 2026.08.18 16:36:49 +05'30'