Calcutta High CourtCRM (NDPS)/1029/2026allowed

Mohammad Asif Ekbal v. Union Of India

2026-07-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.07.2026 Court No.35.

D/L. 419.

Kausik (Allowed) CRM (NDPS) 1029 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973.

And In the matter of : Mohammad Asif Ekbal ......Petitioner.

Mr. Prasun Kr. Datta Mr. Santanu Deb Roy ......for the Petitioner.

Mr. Bhaskar Prosad Banerjee Mr. Tapan Bhanja ......for the Air Customs Authority.

Mr. Arun Kumar Mohanti Mr. Prolay Bhattacharya ....for the Union of India (NCB) Petitioner was intercepted at the Airport for alleged recovery of 1492 Gms. of Ganja. The complaint has already been submitted before the jurisdictional Court and as such the petitioner prays for bail.

Learned advocate for the Air Customs Authority opposes the prayer for bail.

I have taken into account the judgment of the Hon'ble Supreme Court in Barnali Bag Vs. Union of India (Special Leave Petition (Crl.) No. 3641 of 2026) wherein emphasis was made on intermediate quantity.

Having considered the aforesaid, I am inclined to release the petitioner on bail.

Accordingly, prayer for bail of the petitioner is allowed. Accordingly, Petitioner, namely, Mohammad Asif Ekbal shall furnish 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 Learned Judge, Special Court (under NDPS Act), 8th Court, Barasat, 24 Parganas North.

If on bail, the petitioner shall be physically present on each and every date fixed before the learned Trial Court and shall not leave the jurisdiction of District of 24 Parganas North without the prior permission of the learned Special Court. Additionally, petitioner shall make himself available before the Investigating Officer or any Officer assigned by the Principal Commissioner of Customs Airport till further orders of this Court.

Accordingly, CRM (NDPS) 1029 of 2026 is allowed. All parties shall act in terms of server copy of the order 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 with all requisite formalities.

(Tirthankar Ghosh, J.)