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2026 DAILYLAW 981 (CAL)

SAPAN KUMAR BERA AND ANR. v. NARCOTIC CONTROL BUREAU

CRM (NDPS)/311/2026 · 2026-02-24

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.02.2026 IN THE HIGH COURT AT CALCUTTA Item No.29 CRIMINAL MISCELLANEOUS JURISDICTION Ct.No.35 dc. Allowed C.R.M. (NDPS) 311 of 2026 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NCB Crime No. 01/NCB/KOL/2025 dated 19.01.2025 under Section 8(c) read with Sections 20(b)(ii)(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. And In Re : Sapan Kumar Bera and another ... Petitioners. Mr. Jayanta Narayan Chatterjee, Sr. Adv., Ms. Jayashree Patra ... For the Petitioners. Mr. Anirban Mitra, Mr. Sagar Saha ... For the NCB. Learned advocate appearing for the petitioners submits that the petitioners are in custody for 1 year 1 month and they are better placed than the other accused viz. Sujit Das who has been granted bail by the Hon’ble Supreme Court in Special Leave to Appeal (Crl.) No(s). 16269/2025. Learned advocate appearing for the NCB, on the other hand, opposes the prayer for bail and submits that the petitioners were thickly connected with the alleged offence. However, on a query from this Court, learned advocate for the NCB submits that the petitioners are better placed than the other accused who has been granted bail by the Hon’ble Apex Court. Be that as it may, two of the accused persons have been granted bail, one by the Hon’ble Supreme Court and 2 the other viz. Subhankar Das in CRM (NDPS) 32 of 2026. Having considered that reasons have been assigned while granting bail to two other accused persons, I am of the view that the present petitioners be also released on bail. As such, the prayer for bail of the petitioners is allowed. Accordingly, the petitioners viz., 1. Sapan Kumar Bera and 2. Sunil Bera shall be released on bail upon furnishing bond of Rs.20,000/- each, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act-cum- Additional Sessions Judge, Hooghly. If on bail, the petitioners shall be physically present on each and every date so fixed by the learned Special Court and shall not leave the jurisdiction of the district of Hooghly without prior permission of the learned Special Court. Additionally, if the learned Special Court is of the opinion that further conditions are required to be imposed, it would be the discretion of the learned Special Court to impose such conditions. Report submitted by the learned advocate appearing for the NCB be kept with the record. The application for bail, being CRM (NDPS) 311 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. 3 Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities. (Tirthankar Ghosh, J.)