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Calcutta High CourtCRM (NDPS)/1701/2024allowed

Priya Tiwari v. Union Of India

2024-11-07Hon'Ble Justice Joymalya Bagchi,Hon'Ble Justice Gaurang Kanth2 pages

07.11.2024.

55.

Ct.No.28.

as (Allowed) C.R.M. (NDPS) 1701 of 2024 In Re:- An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with NDPS Case No.N-04 of 2024 arising out of F.No.SI(VII) 196 of 2024 (AIU) dated 14.09.2024 under Sections 20(b)/23(a) of the NDPS Act.

In the matter of : Miss Priya Tiwari.

.... Petitioner.

Mr. Niladri Sekhar Ghosh, Mr. Sourav Mondal, Ms. Labani Sikdar.

...for the Petitioner.

Mr. Bhaskar Prosad Banerjee, Mr. Ayanabha Raha.

...for the Customs Authority.

1.

Petitioner is in custody for 54 days. She submits she has been falsely implicated. Accordingly, she prays for bail. 2.

Learned Advocate for the Customs authority opposes the bail prayer. He submits 7.5 kgs. of ganja was recovered from petitioner at the Airport while she was returning from Bangkok. 3.

We have considered the materials on record. Amount of narcotics recovered is of intermediate quantity. Petitioner has no criminal antecedents.

Investigation is substantially complete. Further detention for the purpose of investigation is not necessary.

4.

Under such circumstances, we are inclined to grant bail to the petitioner subject to strict conditions. 5.

Accordingly, the petitioner viz., Miss Priya Tiwari shall be released on bail upon furnishing a bond of Rs.10,000/- with two sureties of like amount each, one of whom must be local, to Signed By : ALOK SETH High Court of Calcutta 13 th of November 2024 03:53:35 PM

the satisfaction of the learned Judge, Special Court under the NDPS Act, Barasat, North 24-Paraganas subject to condition that she shall appear before the trial court on every date of hearing until further orders and shall not intimidate witnesses or tamper with evidence in any manner whatsoever or commit similar offences in future and on further condition petitioner while on bail shall reside within the District of Howrah and shall report to the Investigating Officer viz., Neha Tudu once in a week until further orders. Before her release, her passport, if not seized, shall be deposited before the trial court.

7. In the event petitioner fails to appear before the trial court without any justifiable cause, the trial court shall be at liberty to cancel her bail in accordance with law without further reference to this Court.

8.

This application for bail is, thus, disposed of. (Gaurang Kanth,J.) (Joymalya Bagchi, J.) Signed By : ALOK SETH High Court of Calcutta 13 th of November 2024 03:53:35 PM