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.
Cases Discussed
Barnali Bag Vs. Union of India — Special Leave Petition (Crl.) No. 3641/2026
FULL TEXT OF THE JUDGMENT/ORDER OF CALCUTTA HIGH COURT
Learned advocate appearing for the petitioner submits that the net weight of 8509 grams of Ganja was allegedly recovered from the petitioner and petitioner is in custody since 24.05.2026. Petitioner prays for bail on any stringent condition.
Learned senior advocate appearing for the Air Customs Authority, on the other hand, opposes the prayer for bail and on a specific query, submits that complaint has been submitted before the jurisdictional Special Court. I have taken into account the period of detention of the present petitioner and the quantum of recovery in the present case which is of intermediary quantity. Having regard to the judgement of the Hon’ble Supreme Court in the case of Barnali Bag Vs. Union of India [Special Leave Petition (Crl.) No. 3641/2026] wherein emphasis was made on intermediate quantity, I am inclined to release the petitioner on bail. As such, the prayer for bail of the petitioner is allowed.
Accordingly, the petitioner viz., Mr. Riju Kumar shall be released on bail upon furnishing 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.
If on bail, the petitioner shall be physically present on each and every date before the learned Special Court and shall not leave the jurisdiction of the district of North 24- Parganas without prior permission of the learned Special Court.
Additionally, petitioner shall make himself available before the Investigating Officer of the case or the Principal Commissioner, Airport, Air Customs Authority till further orders of this Court.
The application for bail, being CRM (NDPS) 1525 of 2026, is, thus, disposed of.
All concerned parties shall act on the server copy of this order duly 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.
