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Intermediate Quantity Ganja Recovery and Detention Period Justified Bail: Calcutta HC

Case Law Details

TaxGuru Citation
2026 taxguru.in 14027
Case Name
In re Riju Kumar (Calcutta High Court)
Date of Judgement/Order
Only available for paid members
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In re Riju Kumar (Calcutta High Court)

Summary: The Calcutta High Court considered the bail application of Mr. Riju Kumar, who was allegedly found in possession of 8509 grams of Ganja and had remained in custody since 24.05.2026. The learned senior advocate appearing for the Air Customs Authority opposed the prayer for bail and submitted that the complaint had already been filed before the jurisdictional Special Court. The Court took into account the period of detention and the quantity of recovery, noting that the quantity involved was intermediate quantity. While considering the bail prayer, the Court relied upon the judgment of the Hon’ble Supreme Court in Barnali Bag Vs. Union of India, Special Leave Petition (Crl.) No. 3641/2026, wherein emphasis was made on intermediate quantity. The Court accordingly allowed the prayer for bail. Riju Kumar was directed to be released on bail upon furnishing a bond of Rs.20,000/-, with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, 8th Court, Barasat. The Court imposed conditions requiring the petitioner to remain physically present on every date before the Special Court, not to leave North 24-Parganas without prior permission, and to remain available before the Investigating Officer or the Principal Commissioner, Airport, Air Customs Authority, until further orders. CRM (NDPS) 1525 of 2026 was accordingly disposed of.

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