Santosh Tiwari v. Union Of India
D/L8 22.04.2026 C.R.M. (NDPS) 544 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with NDPS Case No. being N-181/2025 arising out of DRI Case No.DRI/KZU/AS/NDPS (ENQ) - 47)/F/2025 dated 21.06.2025 under Sections 8(c)/21(c)/22(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;
Santosh Tiwari
Versus
The Union of India Mr. Mayukh Mukherjee Mr. Subrata Saha Mr. Abhik Biswas Mr. Anirban Sikhder.
...for the petitioner.
Mr. Kaushik Dey Mr. Tapan Bhanja.
...for the DRI Authority.
Bpg.
Allowed.
Learned advocate appearing for the petitioner submits that the petitioner is in custody for more than 3 months and there has been no recovery from the present petitioner and he has been implicated on the basis of the statement of the co-accused. It has also been pointed out that the person from whom seizure has been effected has already been granted bail in CRM(NDPS)327 of 2026. Another accused has also been granted bail in CRM(NDPS)465 of 2026.
Learned advocate for the DRI opposes the prayer for bail and submits that it this accused who is considered to be the supplier according to the prosecution case and he is much more
thickly connected with the offence.
This Court confronted the learned advocate for the DRI as to whether there has been any further recovery or there are any antecedents so far as the present petitioner is concerned. According to the learned advocate for the DRI, the records at least do not reflect any criminal antecedents or any further recovery. Having considered that the complaint has already been filed before the jurisdictional court, I am of the opinion that for the sake of investigation further detention of the petitioner is unwarranted as other accused persons have been granted bail and in the complaint the complainant has relied upon 12 witnesses in order to prove its case which will continue some time. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Santosh Tiwari shall be released on bail upon furnishing bond of Rs.
20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- (Rupees Ten Thousand only) each, one of whom must be local to the satisfaction of the learned Judge, Special Court, under NDPS Act-cum-learned Additional Sessions Judge, 8th Court, Barasat, North -24 Parganas. If on bail, the petitioner shall be physically present on each and every date fixed by the learned special court and shall not leave the jurisdiction of the district of Kolkata without prior permission of learned special court. The petitioner, being the resident of Sultanpur, Uttar Pradesh will for the next six months meet with the investigating officer of the case once in a fortnight until and unless the aforesaid condition is modified by the learned Special Court.
Accordingly, CRM(NDPS) 544 of 2026 is allowed. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.
(Tirthankar Ghosh, J.)