Ghananand Shukla v. Union Of India
19.09.2025 Item no.216 Ct. No. 29 C.R.M. (NDPS) 1158 of 2025 (ALLOWED) In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No. 3720 of 2025 arising out of F.No. S1 (VII) -170/2025 (AIU) dated July 26, 2025 under sections 20 (b)/23(a) read with section 8 of the NDPS Act, 1985 giving rise to NDPS Case No. 227 of 2025 (also written as N- 227/2025).
BD. In the matter of : Ghananand Shukla .... Petitioner. Mr.Navnil De Ms. Shoumilya Majumder ... for the petitioner. In spite of service of notice upon the Air Customs/Complainant, complainant is not represented. Learned counsel appearing on behalf of the petitioner submits that 1452 gms. of ganja was recovered from the possession of the two accused persons namely Onkar Singh and Ms. Amandeep Kaur. The name of the present petitioner comes from the co-accused statement who stated that petitioner was to receive the goods sent by Vinay Dubey and Mr. P.K. Yadav from Onkar Singh and Ms. Amandeep Kaur for forwarding it to other recipient. It is further submitted that petitioner is in custody since 26th July, 2025 i.e., for about 55 days. Having heard learned counsel appearing on behalf of the petitioner it appears that the recovery involved in the present proceeding is below the commercial quantity and furthermore the name of the petitioner transpired from co-accused statement but nothing was recovered
from his possession and he has been described as prospective recipient only.
From the facts and circumstances of the case it appears that rigour of section 37 of the NDPS Act, does not attract in respect of the present petitioner and that the investigation must have advanced to a considerable extent in respect of the present petitioner during his custody for about 55 days and for which I find that further detention of the present petitioner may not be required in the interest of investigation, the prayer for bail made by the petitioner is allowed.
Accordingly, the petitioner namely, Ghananand Shukla, shall find bail of Rs. 20,000/- with two registered sureties of Rs. 10,000/- each, one of which must be local, subject to the satisfaction of learned Chief Judicial Magistrate, Barasat, North 24 Parganas, and also on condition that the petitioner shall not leave the geographical limit of District- Howrah, without the leave of the trial court, and shall report to the Inspector-incharge/Officer-in-Charge, Golabari Police Station, District- North 24 Parganas, once in a week until further order.
It is further ordered 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 absent
himself on any day during trial and shall not commit any offence while on bail. He shall give his cell 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. The petitioner shall not leave the jurisdiction of the trial court without taking leave from the Court below. In case of violation of any of the conditions the trial Court will be at liberty to cancel the bail without making any further reference to this Court.
Be it mentioned, that anything said herein shall not be construed as an expression of opinion on the merits of the case by this Court.
Accordingly, C.R.M. (NDPS) 1158 of 2025 is disposed of.
Urgent photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.
(Dr. Ajoy Kumar Mukherjee, J.)