Rasik Rahaman v. The State Of West Bengal

11.06.2026 Court No.4 Item No.9 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 274 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Kharibari Police Station Case No.288 of 2025 dated 30.09.2025 under Sections 20(b)(ii)(c)/29 of the NDPS Act.

And In the matter of: Rasik Rahaman ....Petitioner.

Mr. Amit Sinha ...For the Petitioner.

Mr. Jagriti Mishra, AAAG Ms. Madhushree Dutta ...For the State.

1.

Learned counsel representing the petitioner submits that the accused petitioner has not been intimated as regards to the grounds of his arrest. In support of his contention he has relied upon a judgment published in (2025) 5 SCC 799 (Vihaan Kumar Vs. State of Haryana and Anr). Banking upon the sole criteria, learned counsel has prayed for bail.

2.

Learned counsel on behalf of the petitioner further submits that recording was made in a mobile phone of a member of the raiding party.

3.

Learned Assistant Additional Advocate General opposes the prayer for bail and relies upon seizure list wherefrom it transpires that 99.950 kgs of Ganja has been recovered from the accused

petitioner and a co-accused namely Niranjan Barman. Learned counsel representing the State also places the communication of the ground of arrest provided to the accused petitioner. 4.

On consideration of the communication of the ground of arrest, it reveals that the same was communicated to the accused as such the issue raised by the learned counsel representing the accused petitioner does not hold good. In addition to the above, the quantity of substance recovered from the accused persons, being commercial quantity, this Court is not inclined to grant bail to the petitioner.

5.

The application for bail is thus rejected.

6.

The case diary is returned to the learned Assistant Additional Advocate General in Court today.

7.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Supratim Bhattacharya, J.)