Calcutta High CourtCRM(NDPS)/540/2025disposed

Mafuzar Rahaman And ORS v. The State Of West Bengal

2026-02-19Hon'Ble Justice Suvra Ghosh2 pages

19.02.2026 jb.

jdt.

Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (NDPS) 540 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Kotwali Police Station Case No. 380 of 2025 dated 22.04.2025 under Sections 21(c)/22(c)/28/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Mafuzar Rahaman & Ors.

Mr. Jaydeep Bhowmik ... For the Petitioners.

Mr. Abhijit Sarkar Mr. Chattu Roy ... For the State The petitioners pray for bail primarily on the ground that grounds of arrest have not been communicated to them at the time of arrest.

Several other discrepancies with regard to the time and place of seizure and arrest have been pointed out by the learned counsel for the petitioners.

It is not in dispute that the grounds of arrest have not been communicated to the petitioners at the time of arrest in terms of the mandate laid down by the Hon'ble Supreme Court. On that score alone, the petitioners are entitled to be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioners namely Mafuzar Rahaman, Khajidul Haque, Serajul Haque and Ershad Hussain shall be released on bail upon furnishing bond of Rs.20,000/- (Rupees Twenty Thousand only) each, with two sureties of like amount each, one of whom must be local to the satisfaction of the learned Additional District and Sessions Judge, 1st Court, Coochbehar subject to condition that they shall remain within the jurisdiction of the learned trial Court. They shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court and shall not tamper with evidence or intimidate witnesses in any manner whatsoever. In the event the petitioners fail to adhere to any of the conditions stated hereinabove, the learned trial Court shall be at liberty to cancel their bail in accordance with law without further reference to this Court.

CRM (NDPS) 540 of 2025 is 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)