Alok Das & Anr.

The petitioners say that no contraband had been recovered from their possession. The petitioners have been implicated in the case in view of the statement made by the persons from whose possession the contraband was recovered. The petitioners are in custody since 18.10.2025. The charge sheet has already been filed. It appears that charges have, however, not been framed.

The petitioners say that in view of the long detention and as no contraband was recovered from them, the petitioners are not required to be detained any further.

On behalf of the State, it is submitted that though no contraband was recovered from the petitioners but the records reveal that the petitioners were in conversation with the persons from whose possession the contraband substance was recovered.

Keeping in mind the long detention and that the charge sheet has been filed, the embargo under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, in short (NDPS) Act does not come in the way of enlarging the petitioners on bail. There is no necessity of custodial interrogation at this stage.

In the aforesaid facts and circumstances, the petitioners are enlarged on bail upon furnishing a bond of Rs.15,000/-(Rupees Fifteen Thousand only) each, with two sureties of like amount each, to the satisfaction of the learned Judge Special Court (NDPS) and Additional District Judge, Second Court under NDPS Act at Siliguri or the learned Additional Chief Judicial Magistrate, Siliguri or the charge Court at present and on condition that they will neither intimidate the witnesses nor attempt to tamper with the evidence. The petitioners shall not leave the jurisdictional police station without prior intimation to the Officer-in-Charge/Inspector-in-Charge of the concerned police station and meet the Officer-in-Charge/Inspector-in-Charge of the concerned Police Station once in a fortnight and co-operate with the Investigating Officer, if necessary. The petitioners shall appear on every date before the Trial Court when the matter is fixed as also on the dates when the appearance of the principal accused are fixed. In default, the jurisdictional Court will pass appropriate order to secure the presence of the petitioners in Court including canceling the anticipatory bail granted without further reference to this Court.

The prayer for anticipatory bail of the petitioners is allowed.

Accordingly, CRM (NDPS) 592 of 2026 is disposed of.

Let an urgent photostat certified copy of this order, if applied for, be supplied to the learned advocates for the parties on the usual undertakings.