Aminur Rahaman v. The State Of West Bengal

19.02.2026 AP Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (NDPS) 567 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with New Tufanganj Police Station Case No. 26 of 2025 dated 16.01.2025 under Section 21(c) of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Aminur Rahaman Mr. Hillol Saha Podder ... For the Petitioner.

Mr. Saikat Chatterjee Mr. Chattu Roy ... For the State The petitioner prays for bail primarily on the ground that grounds of arrest have not been communicated to him. Also, the witnesses examined so far have not supported the prosecution case.

It is not in dispute that grounds of arrest have not been communicated to the petitioner in compliance with the mandate laid down by the Hon'ble Supreme Court. In view of the same and also upon consideration of the quality of evidence led by the prosecution, this Court is of the view that statutory restriction under Section 37 of the NDPS

Act is diluted and the petitioner is entitled to be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioner namely Aminur Rahaman shall 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 must be local to the satisfaction of the learned Additional Sessions Judge, 1st Court (under NDPS Act), Cooch Behar subject to condition that he shall remain within the jurisdiction of the learned trial Court and shall appear before the learned trial Court on every date of hearing fixed by the learned trial Court. He shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

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

CRM (NDPS) 567 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.)