Rafiqul Islam@Rafikul v. The State Of West Bengal

12.06.2026 Court No.4 Item No.5 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 276 of 2026 In Re: - An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Tufanganj Police Station Case No.13 of 2026 dated 05.01.2026 under Sections 21(C)/29 of the NDPS Act.

And In the matter of: Rafiqul Islam @ Rafikul ....Petitioner.

Mr. Hillol Saha Podder ...For the Petitioner.

Mr. Jagriti Mishra, AAAG Mr. Uday Bhattacharjee ...For the State.

1.

Learned counsel representing the petitioner submits that this accused petitioner is in custody since 5th January, 2026. He further submits that the accused petitioner is an Assamese and he has not been informed as regards to his grounds for being arrested in the language in which he understands. He prays for bail. 2.

In support of his contention he cited a judgment of the Hon'ble Apex Court published in (2024) 8 SCC 254 in the case of Prabir Purkayastha Vs. State (NCT of Delhi). He has also relied upon a judgment passed by the Hon'ble Apex Court in Criminal Appeal No.2195 of 2025 dated 6th November, 2025 in the case of Mihir Rajesh Shah Vs. State of Maharashtra and Anr. Learned counsel also relied upon an order passed by the Hon'ble Apex Court in the case of Dr. Rajinder Rajan Vs. Union of India & Anr. in SLP (Crl.) No.3326 of 2026.

3.

Learned Assistant Additional Advocate General on behalf of the State places the Arrest Memo wherefrom it transpires that it has been signed by the said accused. As such, the question raised by the learned counsel representing the petitioner does not come to rescue the petitioner.

4.

Considering the aforesaid facts and the substance recovered from the accused being 203.88 grams of Yaba Tablets, 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 Additional Public Prosecutor 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.)