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2026 DAILYLAW 21986 (CAL)

GUDIYA DEVI v. UNION OF INDIA

CRM (NDPS)/1127/2026 · 2026-06-03

Apurba Sinha Ray

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

03.06.2026 D/L No.115 Court No.7 S.Gayen/ Rohan Vacation Bench (Allowed) IN THE HIGH COURT AT CALCUTTA CRIMINAL MISCELLANEOUS JURISDICTION APPELLATE SIDE C.R.M.(NDPS) 1127 of 2026 In Re: An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with F. No S1(VII)-237/2025 (AIU) dated 22.10.2025 (NDPS Case No. 270 of 2025) under Sections 20(b)/23(a) read with Section 8 of the Narcotic Drugs and Psychotropic Substances Act, 1985; -And- In the matter of: Smt. Gudiya Devi …Petitioner Mr. Manojit Debnath …for the Petitioner 1. The State is not represented. 2. The seized contraband articles were less than commercial quantity. The petitioner is in custody for more than 7 months. 3. I have found that the petitioner has been able to rebut his statutory presumption under Section 37 of the NDPS Act. 4. Accordingly, the application for bail of the petitioner namely, Smt. Gudiya Devi is, thus, allowed. 5. I direct that the petitioner shall be released on bail upon furnishing a bond of Rs. 10,000/- (Rupees Ten Thousand only) with one surety of like amount to the satisfaction of the learned Chief Judicial Magistrate at Barasat. The petitioner shall appear before the learned Trial Court on each and every day of substantive hearing subject to the provisions of Section 317 of the Code of Criminal Procedure, 1973/Section 355 of the Bharatiya 2 Nagarik Suraksha Sanhita, 2023 and shall not intimidate the witnesses and/or tamper with evidence in any manner whatsoever. The petitioner shall not leave the jurisdiction of the concerned police station without prior permission of the learned Trial Court, except for the purpose of attending Court. 6. In the event, the petitioner fails to comply with any of the conditions as stated above, the learned Trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court. 7. Thus, the application for bail being C.R.M. (NDPS) 1127 of 2026 stands disposed of. 8. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)