CRM (NDPS)/2154/2026 of GAUSIYA MOHAMMAD ASHFAQUE SHAIKH Vs UNION OF INDIA on 9 October 2026

09.10.2026 Serial no. 65 [G.S.Das] Assistant Registrar (Court)

CRM (NDPS) 2154 of 2026

In re : An Application for Bail under Section 439 of the Code of Criminal Procedure, 1973/under Section 483 of the BNSS, 2023 in connection with Air Intelligence Unit Crime No. S1(VII)-157/2026(AIU) dated 07.06.2026 u/s 20(b)(ii)(B) and 23(b) red with section 8 of the NDPS Act.

-And-

In the matter of : Ms. Gausiya Mohammad Ashfaque Shaikh

… … Petitioner(s)

Mr. Subhabrata Chowdhury Ms. Tripti Pandey

… for the Petitioner(s)

Mr. Uday Shankar Bhattacharya Ms. Sretapa Sinha

… for the Union of India

Petitioner is in custody since 07.06.2026 and complaint has also been submitted before the learned jurisdictional court. The petitioner was implicated for alleged recovery of 8418 gm of ganja. Learned advocate for the Air Customs Authority opposes the prayer for bail. I have taken into account the fact of the case where total recovery is of 16.887 gm of ganja. Having considered the principles laid down in Barnali Bag –v- Union of India in SLP (Crl.) No. 3641 of 2026 as also the fact that complaint has already been submitted before the learned jurisdictional court, I am inclined to enlarge the petitioner on bail. Hence, the prayer for bail of the petitioner is Allowed. Accordingly, the petitioner viz, Ms. Gausiya Mohammad Ashfaque Shaikh 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 Special Court (NDPS Act), 8th Court, Barasat, North 24 Parganas. If on bail, the petitioner shall also make himself physically available on each and every date so fixed by the learned Special court/trial court and shall not leave the district of North 24 Parganas without prior permission of the learned Special court/trial court or the court in seisin of the case. Additionally, the petitioner shall make herself available before the I.O. of the case and/or Principal Commissioner, Air Customs, Air Port as and when she will be called upon for the sake of investigation. Accordingly, CRM (NDPS) 2154 of 2026 is allowed. Pending application(s), if any, is also disposed of. The observations made above are only restricted for adjudication of the bail application and should not be considered as final opinion on the merits of the case.

Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)