24. 17.08.2026 Court No.11 (Tanmoy) Allowed CALCUTTA HIGH COURT IN THE CIRCUIT BENCH AT JALPAIGURI APPELLATE SIDE CRM(NDPS)/418/2026 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of Jaigaon Police Station Case No.4/2026 dated 07.01.2026 under Sections 21(c)/25/29 of the NDPS Act, 1985. NDPS Case No.3/2026. And In the matter of: - SAGAR CHHETRI …petitioner. Mr. Satyajit Paul Mr. Mayank Bhandari Mr. Rajan Roy Mr. Rounak Ghosh …for the petitioner. Mr. Janardan Periwal, Jr. PP Mr. Raj Kumar Mitra Mr. Abhilash Mittal …for the State. 1. The petitioner says that there was no recovery from him. He has been falsely implicated on the basis of statement made by co-accused person, who is the principal accused from whom recovery was made and who is in custody. 2. To my query, learned State Counsel fairly admits that there was no recovery of contraband items from this petitioner and implication of this petitioner is solely on the basis of the statement made by the principal accused. There is also no material in the case diary whether in the form of CDR or money-trail indicating the involvement of the petitioner. 3. The State has also not been able to point out that the petitioner has criminal antecedent. 2 4. In view of the aforesaid, I am of the opinion that the petitioner has satisfied the twin conditions mentioned in Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and has been able to tide over the restriction in Section 37 of the NDPS Act, 1985. Hence, I am inclined to allow the petitioner’s prayer for bail. 5. Accordingly, I direct that the petitioner, namely, SAGAR CHHETRI shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of Rs.12,500/- (Rupees Twelve Thousand Five Hundred) each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Alipurduar, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever and on further condition that the petitioner, while on bail, shall not leave the territorial jurisdiction of Jaigaon Police Station, Alipurduar and shall report to the Inspector-in- Charge/Officer-in-Charge of Jaigaon Police Station, Alipurduar, once every week, until further orders. 6. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the 3 Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 7. The application for bail being CRM(NDPS)/418/2026 is accordingly disposed of. 8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Arijit Banerjee, J.)