Case Law Details
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.
2. As none appeared for the Air Customs Authority Mr. Vipul Kundalia along with Mr. Tapan Bhanja was directed to represent the concerned authorities. Their appointment may be regularized by the appropriate authority.
3. Learned Advocate for the Union of India opposes the prayer for bail.
4. Having considered the verdict of the Hon’ble Apex Court in Barnali Bag –Vs- Union of India (Special Leave Petition (Crl.) No. 3641 of 2026, I am of the opinion that further detention of the present petitioner is unwarranted as the emphasis of the Hon’ble Apex Court was the quantity of seizure.
5. Accordingly, the prayer for bail of the petitioner is allowed. The petitioner, namely, Anil Chauhan shall be released on bail upon furnishing bond of Rs. 20,000/-(Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each, both of whom must be local to the satisfaction of Learned Judge, Special Court, 8th Court, under NDPS Act, Barasat, North 24 Parganas.
6. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the district of 24 Parganas (North) without prior permission of the learned Special Court.
7. The petitioner shall once in a fortnight meet with the investigating officer of the case or any other competent officer assigned by the Principal Commissioner, Air Cargo Complex till further orders of this Court. Needless to state that if there is any violation of the conditions, the learned Special Court would be at liberty to cancel the bail of the petitioner without further reference of this Court.
8. Accordingly, C.R.M (NDPS) 1185 of 2026 is allowed.
9. All parties shall act in terms of server copy of the order downloaded from the Official website of this Court.
10. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
Author Bio
