Lilufa Khatun v. Union Of India And ANR
17.06.2026 Serial no. 24 [G.S.D] CRM (NDPS) 619 of 2026 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with NDPS Case No. 19 of 2025 arising out of DRI/KZU/NDPS/ENQ-80/2025 u/s 20,21,27A and 29 of the NDPS Act. -AndIn the matter of : Lilufa Khatun ... ... Petitioner(s) Mr. Sandipan Ganguly, Sr Adv.
Mr. Joy Chakraborty Ms. Ipsita Ghosh Mr. Khalid Ali ... for the Petitioner(s) Mr. Nadeem Sulaiman Mr. Tapan Bhanja ... for the DRI Authority Learned Senior advocate appearing for the petitioner submits that the petitioner is in custody for nine months and there has been alleged recovery of 6306 gm of hydroponic weeds from the possession of the present petitioner who was intercepted at the Airport by the DRI and foisted with the present criminal case. Learned advocate claims that the petitioner being a lady is innocent and prays for bail. Learned advocate for the DRI opposes the prayer for bail and submits that a racket has been operating and it is only on the basis of statement of one Tousif Ahmed - who is one of the accused in the present case, the officers of the DRI apprehended the present petitioner.
The emphasis has been laid by the learned advocate on the fact that since the provisions of section 37 of the NDPS Act is attracted, the prayer for bail of the present petitioner is to be rejected.
I have taken into account the submissions of the learned advocates for the petitioner as well as the DRI. Having regard to the proposition laid down in Barnali Bag -v- Union of India [Special Leave Petition (Crl.) No. 3641 of 2026], where the Hon'ble Supreme Court has principally emphasized on the quantum of seizure, I am inclined to enlarge the petitioner on bail.
Hence, the prayer for bail of the petitioner is Allowed.
Accordingly, the petitioner viz, Lilufa Khatun 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, Bench-I, under NDPS Act, City Sessions Court, Calcutta. If on bail, the petitioner shall also make herself physically available on each and every date so fixed by the learned Special Court/trial court and shall not leave the district of Kolkata and North 24 Parganas without prior permission of the learned Special Court/trial court. Accordingly, CRM (NDPS) 619 of 2026 is allowed.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)