Ainul Miah v. The State Of West Bengal

February 18, 2026 55 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 36 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Jalpaiguri Police Station case no. 1085 of 2024 dated 23/10/2024 under Section 20(b)(ii)(c) of the NDPS Act.

And In Re :

Ainul Miah ... Petitioner Adv. Subham Ghosh, Adv. Mayank Roy, Adv. Hasanur Rahaman, Adv. Laxmi Barman, ... for the Petitioner.

Adv. Kallol Acharjee, Adv. Saikat Chatterjee, ...for the State.

Learned counsel for the petitioner submits that the petitioner is in custody for more than 400 days and prays for bail. No grounds of arrest have been communicated to the petitioner at the time of his arrest. The search and seizure have not been videographed. Learned counsel for the State opposes the prayer. It is a fact that the contraband substance of commercial quantity has been recovered from the possession of the petitioner. Charge sheet has been submitted. The search and seizure have admittedly not been videographed in terms of the mandate laid down by this Court. It is also not in dispute that the grounds of arrest have not been communicated to the petitioner at the time of his arrest.

In view of such laches on the part of the arresting officer, the petitioner is entitled to be released on bail. Accordingly the petitioner namely Ainul Miah be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty thousand only), with two sureties of like amount each, one of whom should be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, (NDPS Act) Jalpaiguri subject to condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (NDPS) 36 of 2026 is thus disposed of.

Case Diary be returned.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)