Shri.Rohit Sikder And ANR v. The State

IN THE HIGH COURT AT CALCUTTA

[CIRCUIT BENCH AT PORT BLAIR] *** CRM/6/2025 In Re:- An application for bail under section 483 of BNSS, 2023 filed on 19.11.2025 in connection with Special Case (NDPS) No. 24 of 2025, FIR No.46 of 2025 dated 20.08.2025, Police Station Mayabunder under Sections 20 (b) (ii) A/22 (b)/29 NDPS Act, 1985.

And In the matter of Shri Rohit Sikder and Another Vs The State Mr. Arul Prasanth ... for the petitioners Mr. Sumit Kumar Karmakar ... for the State November 24, 2025 [AKB] Item No.2 The petitioners were arrested on 21.04.2025, having been charged under Sections 20 (b) (ii) A/22 (b)/29 NDPS Act, 1985 in connection with Special Case (NDPS) No.24 of 2025. Mr. Arul Prasanth, learned advocate appearing for the petitioner has submitted that now the investigation is completed and charge sheet has been filed by the police, though beyond the statutory period. He has further stated that admittedly the recovery from the custody of the petitioner is of 21.28 grams of Ganja which amounts to a 'small quantity' of the same, in terms of the statutory provision. He says that the petitioner are aggrieved that the learned Trial Court has recorded the recovered contraband to fall within the 'commercial quantity', instead of a 'small quantity' which is an

error on the face or the record, according to Mr. Arul Prasnth, learned advocate for the petitioners. He has further submitted that by the dint of an order of this Court the other accused person on the similar footing has been already released on bail. For reasons as above, he has prayed for grant of bail for the present petitioners.

Mr. Sumit Kumar Karmakar, learned Public Prosecutor has raised objection to such prayer of the petitioners for the reasons that the petitioners work as part of a racket, to transmit contraband article. Thus the State has emphasized on the gravity of the offence committed by the petitioners, which opposing the bail prayer.

The Court in consideration of entire facts and circumstances of the case and after perusal of the record and Case Diary, firstly finds that the rigors of Section 37 of the NDPS Act, 1985 may not be attracted in the instant case. Further, that investigation has already been completed after filing of charge sheet. At this moment there appears no compelling reasons to keep the accused persons behind bars. Hence considering all as above their bail prayer is allowed. Let the accused persons be released on bail after furnishing bail bound of Rs. 10,000/- (Rupees Ten Thousand only), with two sureties of Rs. 5000/- each, one of whom must be local, to the satisfaction of the learned Special Judge under NDPS Act, North and Middle Andaman, Mayabunder. Let they be present before the Trial Court on each date of trial without fail.

Let a copy of this order be immediately communicated to the Special Judge under NDPS Act, North and Middle Andaman, Mayabunder.

(Rai Chattopadhyay, J.)