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2026 DAILYLAW 36505 (CAL)

KALACHAND GHOSH v. STATE OF WEST BENGAL

CRM (A)/2277/2026 · 2026-08-28

Partha Sarathi Chatterjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

28.08.2026 SL No.31 Court No.446 S.Gayen IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(A) 2277 of 2026 In Re: An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with English Bazar Police Station Case No. 1155 of 2026 dated 30.06.2026 under Sections 21(C)/27 of the of the NDPS Act. -And- In the matter of: Kalachand Ghosh …Petitioner Mr. Amitabha Karmakar Mr. Arup Kr. Bhowmick …for the Petitioner Ms. Piyali Chatterjee Mr. Neel Chakraborty …for the State 1. This instant application has been filed with a prayer for anticipatory bail. 2. Learned counsel for the petitioner submits that the petitioner has been falsely implicated in this case on the basis of the confessional statement of the co-accused person recorded under Section 67 of the NDPS Act. He submits that the said statement has no evidentiary value in the eyes of law and is not admissible under the provisions of Section 23(1) of the BSA. He submits that the privilege under Section 482 of the BNSS can be extended in favour of the petitioner. 3. Learned counsel for the State produces the case diary and the Memo of Evidence and opposes the prayer for anticipatory bail. The Memo of Evidence submitted by the State is taken on record. 4. Heard the learned counsel for the respective parties. Perused the case diary and other materials on record. 5. In response to my query, learned counsel for the State submits that, apart from the confessional statement, no other material has been collected by the 2 Investigating Officer. Therefore, in the absence of any other independent corroborative material and considering the facts and circumstances of the case, I am of the view that the benefit under Section 482 of the BNSS can be extended in favour of the petitioner. 6. Accordingly, the application for anticipatory bail is, thus, allowed. 7. I direct that, in the event of arrest, the petitioner shall be released on bail upon furnishing a bond of Rs.20,000/- (Rupees Twenty Thousand only), with two sureties of like amount each, to the satisfaction of the arresting officer, and shall also be subject to the conditions as laid down under Section 482(2) of the BNSS, and on the further condition that the petitioner shall meet the Investigating Officer once a fortnight and shall not leave the jurisdiction of the concerned police station until submission of the charge- sheet. 8. Thus, the application for anticipatory bail being C.R.M. (A) 2277 of 2026 stands disposed of. (Partha Sarathi Chatterjee, J.)