Barnali Bag Vs Union of India (Supreme Court of India)
The appellant was booked pursuant to F.No. SI(VII)-169/2025 (AIU) dated 25.07.2025 registered with Police Station Customs, Air Intelligence Unit, Kolkata, for offences punishable under Section 8 read with Sections 20(b)(ii)(B), 23 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Before the Calcutta High Court, the appellant sought regular bail, submitting 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 bail application. The High Court, taking into account similar cases involving the use of Calcutta Airport as a corridor for importing contraband from foreign countries and the foundational facts of the case, declined to grant bail irrespective of whether the quantity was intermediate or commercial and rejected CRM (NDPS) No. 1292 of 2025.
Read HC Judgment in this case: NDPS Bail Rejected Considering Foundational Facts: Calcutta HC
The appellant challenged the High Court’s order before the Supreme Court. Leave was granted, and after issuing notice and hearing both sides, the Supreme Court considered the appellant’s submissions that she was a woman in custody since 26.07.2025, three co-accused had already been granted bail by the High Court, she was similarly placed and entitled to bail on the principle of parity, and that charges had not yet been framed, resulting in inevitable delay in conclusion of the proceedings. The respondent opposed the appeal, contending that 4,013 grams of ganja had been recovered from the appellant’s bag and that the grant of bail to co-accused did not justify similar relief.
