Anil Chauhan Vs Union of India (Calcutta High Court)
The Calcutta High Court allowed a bail application filed by a petitioner accused of recovery of 3 kg of ganja at the airport. The petitioner had remained in custody for 174 days, and a complaint had already been filed before the jurisdictional court. The Union of India opposed the bail application.
The High Court considered the Supreme Court’s decision in Barnali Bag v. Union of India and observed that the Apex Court had emphasized the quantity of seizure. In view of that decision, the Court held that the petitioner’s continued detention was unwarranted.
Accordingly, the Court granted bail on furnishing a bond of ₹20,000 with two local sureties of ₹10,000 each to the satisfaction of the Special Court under the NDPS Act. The petitioner was directed to remain physically present before the trial court on every date of hearing, not leave North 24 Parganas without prior permission of the Special Court, and report to the investigating officer or another competent officer once every fortnight. The Court further directed that any violation of the bail conditions would entitle the Special Court to cancel the bail.
- FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
1. Learned Advocate appearing for the petitioner submits that in the present case there has been alleged recovery of 3 kgs of ganja at the airport from the present petitioner and he is in custody for 174 days. Complaint has also been filed before the jurisdictional Court. As such the petitioner may be released on bail.
