NDPS Bail Rejected Considering Foundational Facts: Calcutta HC

Barnali Bag Vs Union of India (Calcutta High Court)

The Calcutta High Court considered a bail application in which the petitioner submitted that 4,013 grams of alleged contraband ganja had been recovered from her possession, that she was innocent, had been unknowingly involved in the alleged offence, and had no knowledge of the recovered material. The Customs Authority opposed the prayer for bail. The Court took into account the similar set of facts occurring at Calcutta Airport involving its use as a corridor for importing contraband from foreign countries. Having regard to the foundational facts of the case, the Court held that it was not inclined to release the petitioner on bail irrespective of whether the recovered quantity was an intermediate quantity or commercial quantity. Accordingly, the prayer for bail was dismissed and CRM (NDPS) 1292 of 2025 was rejected. The Court also directed that all parties act in terms of the server copy of the order downloaded from the official website of the Court and observed that an urgent photostat certified copy be supplied upon compliance with the requisite formalities.

Read SC Judgment in this case: Bail Granted on Parity Despite 4 Kg Ganja Recovery: SC

FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT

Learned senior advocate appearing for the petitioner submits that from the possession of the petitioner allegedly 4013 grams of contraband / ganja were recovered. Petitioner is innocent and was unknowingly involved in the alleged offence, she had no idea regarding the material which was recovered.

Learned senior advocate for the Customs Authority opposes the prayer for bail.

I have taken into account the similar set of facts which are occurring in the Airport for using Calcutta Airport as a corridor for importing contraband from foreign countries.

Having regard to the foundational facts of the present case, I am not inclined to release the petitioner on bail irrespective of the fact whether it is an intermediate quantity or commercial quantity. As such, prayer for bail of the petitioner is dismissed.

Accordingly, CRM (NDPS) 1292 of 2025 is rejected.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.