16.09.2026 Court No.35. M/L.253. Rakib (Allowed) CRM (NDPS) 1718 of 2026 In Re: An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/Under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with F. No. S1(VII)-29/2026 (AIU) dated 30.01.2026 under Sections 20(b)/23(b)/29 of the NDPS Act. And In the matter of : Aasutosh Kumar ……Petitioner. Mr. Souma Subhra Ray Mr. Pradip Hari Ms. Paramita Sahu Ms. Priyanka Patra Ms. Neelam Kumari .....for the Petitioner. Mr. Bhaskar Prosad Banerjee Ms. Sretapa Sinha ……for the Air Customs Authority. Learned advocate appearing for the petitioner submits that allegedly 2834 grams of ganja were recovered from the present petitioner at the Airport. Similarly placed accused person has been granted bail as complaint has been filed before the jurisdictional Court. Learned advocate for the Air Customs Authority opposes the prayer for bail and submits that complaint has already been submitted before the jurisdictional Court. Having considered 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 , I am inclined to enlarge the petitioner on bail. Accordingly, the prayer for bail of the petitioner is allowed. 2 Accordingly, the petitioner, namely, Aasutosh Kumar 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, one of whom must be local to the satisfaction of the learned Judge, Special Court (under NDPS Act), 8th Court, Barasat, North 24 Parganas. If on bail, the petitioner shall be physically present on each and every date before the learned Trial Court and shall not leave the jurisdiction of district of North 24 Parganas without prior permission of the learned Special Court. Additionally, petitioner shall make himself available before the investigating officer or the Principal Commissioner, Air Customs Authority (Airport) as and when called for till further orders of this Court. Thus, CRM (NDPS) No. 1718 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.)