Md.Rahim v. The State Of West Bengal

28.04.2025 Sl. No. 6 Court No.3 BM

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM(NDPS) 113 of 2025 In re: An application for bail under Section 439 of the Code of Criminal Procedure/under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 And In the matter of : Md. Rahim Mr. Subham Ghosh Mr. Sudip Guha Mr. Ananda Paul .. for the petitioners Mr. Aditi Shankar Chakraborty Mr. Biswaroop Roy ... for the State 1.

The prayer for bail in the present case arises out of an order dated 01.01.2025 passed by the learned Chief Judicial Magistrate, Jalpaiguri, thereby rejecting the petitioner's prayer for bail, in connection with Malbazar Police Station Case No.736 of 2024 dated 29.12.2024 under Section 21(c)/25/27A/29 of the Narcotic Drugs and Psychotropic Substances Act and read with Section 15(1B)(a)/29/35 of Arms Act and corresponding to NDPS case No.2 of 2025. 2.

The seized articles (contraband Arms and gold ornaments) in this case have been seized allegedly from the "abandoned house"

of the present petitioner/accused herein along with a ration card and electricity bill in the name of the present accused

person to substantiate that the house in the "abandoned condition" belongs to the petitioner Md. Rahim.

3.

It is further case of the petitioner that the mandatory provision of Section 42 of the Cr.P.C has not been complied with.

4.

Considering the early stage of the investigation and the nature of offence alleged and the seizure made in the present case, prayer for bail is rejected at this stage.

5.

Urgent certified website copy of this order, if applied for, be furnished to the parties upon compliance of necessary formalities.

( Shampa Dutt (Paul), J. )