Onkar Singh And ANR. v. Union Of India
25.09.2025 Item no. 157 Ct. No. 29 C.R.M. (NDPS) 1203 of 2025 (ALLOWED) In Re:- An application for bail under section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with N. 227 of 2025 arising out of F.No. SI (VII) - 170/2025 (AIU) dated 26.07.2025 under sections 20 (b)/23(a) read with section 8 of the NDPS Act, 1985. BD. In the matter of : Onkar Singh & Anr. .... Petitioners. Mr.Moyukh Mukherjee Mr. Abhijit Singh Mr. Samrat Mondal ... for the petitioners. In spite of service of notice, the Complainant/ Air Customs Authority is not represented.
Learned counsel appearing on behalf of the petitioners submits that 1452 gms. of ganja and 74 gms. of charas were recovered from the possession of the coaccused though nothing was recovered from their possession. He further submits that the contraband allegedly seized in connection with the instant proceeding is below the commercial quantity and the petitioners are in custody for about 61 days and as such they may be released on bail on any terms and conditions. It is further submitted that the investigation has already been ended and charge-sheet has been filed in the form of complaint.
Having heard learned counsel appearing on behalf of the petitioners and considering the fact the recovery involved in the instant proceeding is below the commercial quantity and investigation has already been
ended I find that further detention of the present petitioners will not yield any fruitful result and as such the prayer for bail made by the petitioners is allowed. Accordingly, the petitioners namely, Onkar Singh, & Amandeep Kaur, shall find bail of Rs. 20,000/- each 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/Officer-in-Charge, Barasat Police Station, District- North 24 Parganas, once in a week until further order.
It is further ordered that the accused persons shall not mis-use the liberty granted by this Court and they shall not tamper with any evidence orally or documentary during the trial. They shall not absent themselves on any day during trial and shall not commit any offence while on bail. They shall give their cell phone numbers to the local police station and shall not change it without prior permission of the trial court and they shall not in any manner try to delay the trial. The petitioners 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) 1203 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.)