Anil Chauhan v. Union Of India

D/L 41 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) 1185 of 2026 Mr. Anil Chauhan 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-1 of 2026 arising out of F.No. S1(VII-297/2025 (AIU), dated 27.12.2025, under Sections 20(b) & 23(a) read with Section 8 of the Narcotic Drugs and Psychotropic Substances (N.D.P.S.) Act, 1985 And In the matter of : Mr. Anil Chauhan ......Petitioner.

Mr. Santanu Talukdar Mr. Monojit Debnath ...for the Petitioner Mr. Vipul Kundalia Mr. Tapan Bhanja ...for the Air Customs Authority

1. Learned Advocate appearing for the petitioner submits that in the present case there has been alleged recovery of 3 kgs of ganja at the airport from the present petitioner and he is in custody for 174 days. Complaint has also been filed before the jurisdictional Court. As such the petitioner may be released on bail.

2. As none appeared for the Air Customs Authority Mr. Vipul Kundalia along with Mr. Tapan Bhanja was directed to

represent the concerned authorities. Their appointment may be regularized by the appropriate authority.

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

4. 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.

5. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Mr. Anil Chauhan 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.

6. 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.

7. 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.

8. Accordingly, C.R.M (NDPS) 1185 of 2026 is allowed.

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

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

(Tirthankar Ghosh, J.)