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Calcutta High CourtCRM (NDPS)/699/2026allowed

Shaikh Sabir Hossain v. Union Of India

2026-06-09Hon'Ble Justice Tirthankar Ghosh2 pages

D/L19 09.06.2026 C.R.M. (NDPS) 699 of 2026 Bpg.

Allowed In Re: An application for Bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with N. Case No.05 of 2026 arising out of F. No.S1(VII) 14 of 2026(AIU) dated 17.01.2026 under Sections 20(b)(ii)(B)/ 23(B)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985;

Shaikh Sabir Hossain

Versus

Union of India Mr. Niladri Sekhar Ghosh Ms. Labani Sikder Mr. Souvik Dey.

...for the petitioner.

Mr. Uday Sankar Bhattacharya Mr. Tapan Bhanja.

...for the Union of India/Customs Authority.

Learned advocate appearing for the petitioner submits that the petitioner has been implicated on the accusation of alleged recovery of 1969 grams of contraband/ganja. Petitioner was arrested on 17.01.2026 and since then he is in custody. Complaint has already been submitted before the jurisdictional court. Learned advocate appearing for the Air Customs Authority opposes the prayer for bail on the ground that the Kolkata Airport is used as a corridor by the accused who is a resident of Kolkata.

However, having regard to the verdict of the Hon'ble Apex Court in Barnali Bag Vs. Union of India (Special Leave Petition (Crl.) No.3641 of 2026) wherein emphasis was on intermediate quantity,

as such, the petitioner is entitled to be released on bail. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Shaikh Sabir Hossain shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) with two sureties of Rs.10,000/- each, both of whom must be local to the satisfaction of the learned special court under NDPS Act, Barasat, North 24 Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned trial court and shall not leave the district of 24 Parganas (North) without the prior permission of the learned special court.

Accordingly, CRM(NDPS) 699 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.)