Elias Rahaman@Eliyas Rahaman v. The State Of West Bengal

16.03.2026 Serial no. 28 [Dd] (Bail Rejected)

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRM(NDPS)/674/2025 In re : An Application for Bail under Section 439 of the Code of Criminal Procedure corresponding to Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station Case No. 444 of 2025 dated 28.07.2025 under Sections 21(c)/29 of the NDPS Act.

-And- In the matter of : ELIAS RAHAMAN@ELIYAS RAHAMAN ... ...Petitioner Mr. Bibek Tarafder, Advocate ... ... For the Petitioner Mr. Aditi Shankar Chakraborty, APP Mr. Kallol Acharjee, ... ...For the State

1. Petitioner prays for bail.

2. Learned advocate appearing for the petitioner submits that, Section 42 of the NDPS Act, 1985 was not complied with. Grounds of arrest were not given to the petitioner.

3. State is represented.

4. Materials in the case diary establish that, commercial quantity of narcotic was seized from the possession of the petitioner. It was seized from a motor cycle which belongs to the petitioner.Petitioner was well aware of the grounds of arrest. Issue of Section 42 may be taken up at the trial, if so raised.

5. Petitioner is unable to overcome the restrictions under Section 37 of the NDPS Act, 1985.

6. Prayer for bail of the petitioner is rejected.

7. CRM(NDPS)/674/2025 is dismissed.

(Debangsu Basak, J.)