Rakhibul Islam @ Rakhibur Islam And ANR. v. State Of West Bengal

18.09.2025 SB Rejected C.R.M. (NDPS) 834 of 2025 In Re:- An application for Bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, filed in connection with NDPS case no. 31 of 2025 arising out of Patiram Police Station case no. 117 of 2025 dated 10.5.2025 under Sections 21(c)/22(c)/23(c)/27A of the NDPS Act 1985. And In the matter of : Rakhibul Islam @ Rakhibur Islam & Anr. .... Petitioners Mr. Kaushik Chowdhury ...for the Petitioners Mr. Saryati Datta Ms. Ratna Ghosh ...for the State Report submitted by the State dated 25.8.2025 is taken on record.

Learned counsel for the petitioners submits that 500 numbers of Buprenorphine Injection was recovered from one Golap Islam and the present petitioners are the son of Golap Islam but nothing was recovered from their possession. He further submits that the petitioners are in custody for about 118 days and other co-accused namely, Eshan Pal who is almost on the same footing, has been granted bail by this court in CRM (NDPS) 983 of 2025. Accordingly, the petitioner may be granted bail on any terms and conditions. Learned counsel for the State vehemently opposed the bail prayer contending that the house wherefrom the narcotic substance was recovered, is the house where the present petitioners as well as their father from whom the recovery was made, used to stay. He further submits that according to the

prosecution case, 500 numbers of Buprenorphine Injection was given by these two accused persons to their father, Golap Islam for smuggling of the same towards Bangladesh, which he had kept concealed at his house, when it was recovered and seized by police. He further submits that the investigation is continuing.

Having considered the submissions made on behalf of both the parties and that there are prima facie incriminating materials against the present petitioners and that the investigation is still in progress, the prayer for bail made by the petitioners is rejected.

Accordingly, CRM (NDPS) 834 of 2025 is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)