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Calcutta High CourtCRM (NDPS)/1178/2026allowed

Abhishek Singh v. Union Of India

2026-06-19Hon'Ble Justice Tirthankar Ghosh3 pages

D/L 39 19.06.2026 Rohit, A.R.(Ct.) ct.no.35 Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M (NDPS) 1178 of 2026 Abhishek Singh Vs Union of India In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Case No. N-35 of 2026 arising out of F.No. S1(VII-71/2026 (AIU), dated 18.03.2026, under Sections 20(b)(ii)(B) and 23(b) read with Section 8 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And In the matter of : Abhishek Singh ......Petitioner.

Mr. Moyukh Mukherjee Mr. Abhijit Singh Ms. Sagnika Banerjee ...for the Petitioner Mr. B.P. Bhattacharjee Mr. K.K. Maiti ...for the Air Customs Authority

1. Learned Advocate appearing for the petitioner submits that petitioner was allegedly intercepted at the Calcutta Airport and there has been alleged recovered of 1093 grams of ganja. Petitioner is in custody for 93 days. Complaint has been filed. As such the petitioner may be released on bail.

2. Learned Advocate for the Union of India opposes the prayer for bail.

3. Having considered the verdict of the Hon'ble Apex Court in Barnali Bag -Vs- Union of India (Special Leave Petition (Crl.) No. 3641 of 2026, I am of the opinion that further detention of the present petitioner is unwarranted as the emphasis of the Hon'ble Apex Court was the quantity of seizure.

4. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Abhishek Singh 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, both of whom must be local to the satisfaction of Learned Judge, Special Court, 8th Court, under NDPS Act, Barasat, North 24 Parganas.

5. 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 prior permission of the learned Special Court.

6. The petitioner shall once in a fortnight meet with the investigating officer of the case or any other competent officer assigned by the Principal Commissioner, Air Cargo Complex till further orders of this Court. Needless to state that if there is any violation of the conditions, the learned Special Court would be at liberty to cancel the bail of the petitioner without further reference of this Court.

7. Accordingly, C.R.M (NDPS) 1178 of 2026 is allowed.

8. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.

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

(Tirthankar Ghosh, J.)