Calcutta High Court (Appellete Side)
Ms. Ralte @ R. Lalroluahpuii vs Unknown on 6 March, 2025
05. 06.03.2025
Court
No.29 (Tanmoy)
IN THE HIGH COURT AT CALCUTTA
CRIMINAL MISCELLANEOUS JURISDICTION
CRM (NDPS) 141 of 2025
In Re: - An application for bail under Section 439 of the Code of
Criminal Procedure, 1973 / Section 483 of Bharatiya Nagarik
Suraksha Sanhita, 2023 arising out of NCB Crime No.
07/NCB/KOL/2024, under Section 8(c) read with Sections
22(c)/23/29/35/54 of the NDPS Act, 1985.
And
In the matter of: - MS. RALTE @ R. LALROLUAHPUII
...petitioner.
Mr. Bhaskar Dev Konwar, Sr. Adv.
Mr. Jaspreet Singh
Mr. Sourjya Das
Ms. Poulami Bhowmick
Ms. Marry Zomuanpuii
Mr. Sounak Sen
...for the petitioner.
Mr. Anil Kr. Gupta
Mr. Sourav Sengupta
...for NCB/UOI.
Dictated by Arijit Banerjee, J.
1. The petitioner says that she has been falsely implicated. She is
a qualified nurse.
2. Allegedly an envelope containing commercial quantity of
narcotics was seized at an India Post Office in Kolkata by
Narcotics Control Bureau (NCB) people. On the envelope the
petitioner’s name appeared as Assignee. The petitioner has no
idea who sent it and she has absolutely no truck with the said
contraband items.
3. The envelope was opened in the absence of the petitioner.
There was non-compliance of Section 52A of the Narcotic
Drugs and Psychotropic Substances (NDPS) Act, 1985.
2
4. The petitioner’s house in Mizoram was also searched but
nothing was found.
5. The petitioner was then summoned to Kolkata. When she went
to the Office of NCB, she was detained and then produced in
Court. She has now been in custody since May 8, 2024.
6. NCB relies heavily on statements of the petitioner recorded
under Section 67 of the NDPS Act. Such statements are not
admissible by reason of the Hon’ble Supreme Court’s decision
in the case of Tofan Singh v. State of Tamil Nadu, reported
at AIR 2020 SC 5592. NCB also relies on Call-Detail Records
(CDRs). However, with the charge-sheet no such report has
been filed.
7. The petitioner has no criminal antecedents. The twin
conditions specified in Section 37 of the NDPS Act for grant of
bail are easily satisfied in this case.
8. Learned Counsel for NCB not only has vehemently opposed
the prayer for bail, he has filed a report which we have taken
on record.
9. We have heard learned Counsel for the parties at length.
10. List the matter under the heading “For Orders” on March 13,
2025.
(Prasenjit Biswas, J.) (Arijit Banerjee, J.)
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