Calcutta High Court Grants Bail in NDPS Matter Involving 8509 Grams of Ganja — In re Riju Kumar

Overview of the Case

The Calcutta High Court, in the matter of In re Riju Kumar, adjudicated a bail application filed under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) involving the alleged recovery of 8509 grams of Ganja from the petitioner. The Court, after examining the duration of custody and the classification of the seized quantity, exercised its discretion in favour of granting bail, subject to a set of conditions designed to ensure the petitioner's availability for ongoing legal proceedings.

The application was registered as CRM (NDPS) 1525 of 2026 before the Calcutta High Court.

Background and Factual Matrix

The petitioner, Mr. Riju Kumar, was alleged to have been found in possession of 8509 grams of Ganja. He had been in continuous judicial custody since 24.05.2026. Through his learned advocate, the petitioner approached the Calcutta High Court seeking release on bail, expressing willingness to comply with any stringent conditions the Court might deem appropriate.

The Air Customs Authority, represented by a learned senior advocate, opposed the grant of bail. When specifically queried by the Court, the Authority confirmed that a formal complaint had already been submitted before the jurisdictional Special Court under the NDPS Act.

The pivotal legal question before the Court centred on the classification of the seized quantity under the NDPS Act framework. The NDPS Act distinguishes between:

  • Small quantity — attracting lesser punishment
  • Intermediate quantity — falling between small and commercial quantities
  • Commercial quantity — attracting the most stringent penal provisions, including the rigorous bail restrictions under Section 37 of the NDPS Act

The Court examined the quantity of 8509 grams and determined it to fall within the category of intermediate quantity, which carries significant implications for bail eligibility. Unlike cases involving commercial quantities — where Section 37 of the NDPS Act imposes stringent twin conditions for bail — intermediate quantity cases afford the Court broader discretion in granting relief.

Reliance on Supreme Court Precedent

A critical factor in the Court's reasoning was the judgment of the Hon'ble Supreme Court in: