Shohid Miya And ANR v. The State Of West Bengal

February 11, 2026 81 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 629 of 2025 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Falakata Police Station case no. 69 of 2025 dated 15/2/2025 under Sections 21(c)/29 of the NDPS Act.

And In Re :

Shohid Miya & anr.

... Petitioners.

Adv. Subham Ghosh, Adv. Mayank Roy, ... for the Petitioner.

Adv. Nilay Chakraborty, Adv. Kallol Nag, ...for the State.

The petitioners seek bail primarily on the ground that grounds of arrest were not communicated to them at the time of his arrest. Learned counsel for the petitioners places reliance in the authority in Mihir Rajesh Shah vs. State of Maharashtra & anr. reported in (2025) SCC OnLine SC 2356 in support of his contention. Learned counsel for the State opposes the prayer. It is not in dispute that the grounds of arrest were not communicated to the petitioners at the time of their arrest. The law on the issue as laid down by the Hon'ble Supreme Court is very clear. The constitutional mandate of informing the arrestee the grounds of arrest is mandatory in all offences under all statutes and should be communicated in writing to the arrestee in the language he understands. In case of non compliance of the same the arrest

and the subsequent remand is rendered illegal and the arrestee ought to be set at liberty at once.

In view thereof, this Court is inclined to hold that though contraband of commercial quantity has been recovered from the possession of the petitioners and the offence is extremely serious in nature, the petitioners are entitled to release on bail solely on the ground of non compliance of the mandate laid down by the Hon'ble Supreme Court.

Accordingly, the prayer for bail is allowed.

The petitioners namely Shohid Miya and Vulli Devi 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 should be local, to the satisfaction of the learned Special Judge, (NDPS), Alipurduar subject to condition that they shall remain within the jurisdiction of the learned trial Court and shall appear before the learned trial Court on every date of hearing. They shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioners fail to adhere to any of the conditions as stated above without justifiable cause, the learned trial Court shall be at liberty to cancel his bail in accordance with law without further reference to this Court.

CRM (NDPS) 629 of 2025 is thus disposed of.

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 given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)