Hemlata v. Union Of India
26.09.2025 Item no. 05(SL) Ct. No. 29 C.R.M. (NDPS) 1170 of 2025 (ALLOWED) In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with N. 216 of 2025 (CIS No. 251 of 2025) arising out of F.No. SI (VII) -142/2025 (AIU) dated 06.07.2025 under sections 20 (b)/23(a) read with section 8 of the NDPS Act, and subsequently complaint submitted on 04.09.2025 under sections 20(b)(ii)(B)/23/29 of the NDPS Act.
BD. In the matter of : Hemlata .... Petitioner. Mr.Moyukh Mukherjee Mr. Abhijit Singh ... for the petitioner. In spite of service of notice, the Complainant/Air Customs Authority is not represented.
Learned counsel appearing on behalf of the petitioners submits that 10 kgs. of ganja was recovered from the possession of the co-accused persons and the name of the present petitioner transpired from the coaccused statement. Petitioner is in custody for about 81 days and the investigation has already been ended in charge-sheet in the form of complaint.
Having heard learned counsel appearing on behalf of the petitioner and also considering the fact that recovery of intermittent quantity of contraband is involved in the instant proceeding and for which, the rigour of Section 37 of the NDPS Act does not attract and that investigation has already been ended and as such, further detention of the present petitioner will not yield
any fruitful result and as such the prayer for bail made by the petitioner is allowed.
Accordingly, the petitioner namely, Hemlata 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 petitioners shall not leave the geographical limit of District- North 24 Parganas, without the leave of the trial court, and shall report to the Inspector-in-charge/Officerin-Charge, Barasat Police Station, District- North 24 Parganas, once in a week until further order between sunrise and sunset.
It is further ordered that the accused person shall not mis-use the liberty granted by this Court and she shall not tamper with any evidence orally or documentary during the trial. She shall not absent herself on any day during trial and shall not commit any offence while on bail. She shall give her cell phone number to the local police station and shall not change it without prior permission of the trial court and she 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) 1170 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.)