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2026 DAILYLAW 339 (CAL)

RAHUL SONI AND ANR. v. UNION OF INDIA

CRM (NDPS)/465/2026 · 2026-04-08

Tirthankar Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

08.04.2026 Court No.35. D/L. 291. Kausik (Allowed) CRM (NDPS) 465 of 2026 In Re: An Application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 439 of the Code of Criminal Procedure, 1973 in connection with DRI Case No. DRI/KZU/AS/NDPS (ENQ-47)/F/2025/2864 dated June 22, 2025 under sections 8(c)/21(c)/22(c) & 29 of the NDPS Act, 1985. And In the matter of : Rahul Soni & Anr. ……Petitioners. Mr. Manojit Debnath Ms. Aatreye Mukherjee ……for the Petitioners. Mr. Kaushik Dey Mr. Tapan Bhanja ……for the DRI Authority. Learned advocate appearing for the petitioners submits that there has been no recovery from the possession of the present petitioners and the persons from whom recovery of 548 bottles of Phensedyl were allegedly seized have been granted bail. Learned advocate for the DRI Authority opposes the prayer for bail and submits that the petitioners are on a completely different footing than the other accused persons. The present petitioners were in receipt of the money in respect of the transactions relating to the contraband. The same is reflected in the complaint filed before the jurisdictional court. 2 Be that as it may, petitioners are in custody for about 7 months. The prosecution has relied upon 12 witnesses in order to substantiate their case. As certain time would be consumed in taking the trial to its logical conclusion, I am of the opinion that, without entering into the merits of the accusations, on the issue relating to the period of detention and the time which will be required for taking the trial to its conclusion, petitioners may be released on bail. Accordingly, prayer for bail of the petitioners is allowed. Accordingly, Petitioners, namely, (1) Rahul Soni, (2) Shatrudhan shall furnish bond of Rs. 20,000/- (Rupees Twenty Thousand Only) with two sureties of Rs. 10,000/- (Rupees Ten Thousand Only) each. One of whom must be local to the satisfaction of Learned Judge, Special Court under NDPS Act cum Additional District & Sessions Judge, 8th Court, Barasat. If on bail, petitioner shall be physically present on each and every date fixed by the learned Trial Court and shall meet with the Investigating Officer of the case once in a week till the charges are framed. Accordingly, CRM (NDPS) 465 of 2026 is allowed. All parties shall act in terms of server copy of the order 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. (Tirthankar Ghosh, J.)