Bashir v. Union Of India

Vacation Bench DL.70 29-05-2026 Ct. No.07 Saikat CRM(NDPS)/1133/2026 BASHIR VS.

UNION OF INDIA In Re: Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, filed in connection with N.24 of 2026 arising out of NCB Crime No.02/NCB/Kol/2026 under section 20(b)(ii)(B) and section 23(b) and 29 of Narcotic Drugs and Psychotropic Substances Act.

Mr. Angshuman Chakraborty, Adv.

Mr. Shashanka Shekar Saha ...For the Petitioner Mr. Gouranga Das, Adv.

Mr. Uttam Basak, Adv.

...For the Respondent-State

1. Learned counsel for the petitioner submits that the petitioner is in custody for about three months twenty days, i.e. from 9th February, 2026. It is alleged that 2.567 kg. of ganja has been recovered from the possession of the petitioner. Investigation has already been culminated into a charge-sheet and the next date is fixed for framing of charge. Petitioner, therefore, submits that he may be released on any terms and conditions.

2. Learned counsel for the NCB opposes the bail prayer contending that the petitioner is a resident of

Jalandhar and, therefore, if released on bail there is chance of his abscondence.

3. Having heard the learned counsel for the petitioner and considering the fact that the alleged seizure of contraband comes much below the commercial limit and that the investigation has already been culminated into a charge-sheet, his, prayer for bail is allowed.

4. The petitioner, namely, Bashir may be enlarged on bail upon furnishing a bond of Rs.20,000/- with two registered sureties of Rs.10,000/- each, one of whom must be local, subject to the satisfaction of learned Chief Judicial Magistrate, North 24 Parganas and also on condition that the accused person shall not mis-use the liberty granted by this Court and he shall not tamper with any evidence orally or documentary during the trial. He shall not leave the jurisdiction of trial court without taking leave from trial court. He shall not absent himself on any day during trial and shall not commit any offence while on bail. He shall give his mobile phone number to the local police station and shall not change it without prior permission of the trial court and he shall not in any manner try to delay the trial. Be it mentioned in case of violation of any of the conditions as above, the trial court will be at liberty to cancel the bail without making any further reference to this court.

5. Be it further mentioned, that anything said herein shall not be construed as an expression of opinion on the merit of the case.

6. Accordingly, CRM(NDPS) 1133 of 2026 is disposed of.

7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance of all requisite formalities.

8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (DR. AJOY KUMAR MUKHERJEE, J.)