Sambhavi Singh @ Sambhvi Singh v. Union Of India

44.

20.12.2024 Court No.29 (Tanmoy) Allowed

IN THE HIGH COURT AT CALCUTTA

CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 1775 of 2024 In Re: - An application for bail under Section 439 of the Code of Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, arising out of F. No. SI (VII) 195 of 2024 (AIU) dated 14.09.2024 under Sections 20(b)/23(a) read with Section 8 of the NDPS Act, 1985.

And In the matter of: - Sambhavi Singh @ Sambhvi Singh ...petitioner.

Mr. Niladri Sekhar Ghosh Mr. Sourov Mondal Ms. Labani Sikder ...for the petitioner.

Ms. Manasi Mukherjee Mr. Bijitesh Mukherjee ...for UOI/ Customs Authority.

Dictated by Arijit Banerjee, J.

1. The petitioner is in custody for 97 days. She says that she has been falsely implicated. She prays for bail.

2. Learned Advocate for the Customs Authority opposes the prayer for bail. She submits that about 03 Kgs. of ganja was recovered from the petitioner at the Kolkata Airport when she was returning from Bangkok.

3. We have considered the material on record. The amount of narcotics recovered is of intermediate quantity. The petitioner does not have any criminal antecedents. Chargesheet has been filed upon completion of investigation. Signed By :

TANMOY GHOSH High Court of Calcutta 20 th of December 2024 04:41:50 PM

4. Under those circumstances, we are inclined to allow the petitioner's prayer for bail.

5. Accordingly, we direct that the petitioner, namely, Sambhavi Singh @ Sambhvi Singh shall be released on bail upon furnishing a bond of Rs.25,000/- (Rupees Twenty Five Thousand), with two sureties of like amount each, one of whom must be local, to the satisfaction of the learned Judge, Special Court (under NDPS Act), 8th Court, Barasat, North 24-Parganas, subject to condition that the petitioner shall appear before the Trial Court on each and every date of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973 / Section 355 of Bharatiya Nagarik Suraksha Sanhita, 2023, and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever.

6. In the event the petitioner fails to adhere to any of the conditions stipulated above without any justifiable cause, the Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

7. The application for bail being CRM (NDPS) 1775 of 2024 is accordingly disposed of.

8. Criminal Section is directed to make available urgent photostat certified copies of this order to the parties, if applied for, upon compliance with all requisite formalities. (Apurba Sinha Ray, J.) (Arijit Banerjee, J.) Signed By :

TANMOY GHOSH High Court of Calcutta 20 th of December 2024 04:41:50 PM