IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CRM (NDPS)/5/2025 In Re: An application for bail under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Special NDPS GR Case No. 21 of 2024 FIR No. 78 of 2024 dated 01.09.2024 P.S. Rangat under Section 22 (b)/22 (c)/29 of Narcotic Drugs and Psychotropic Substances Act, 1985. And In the matter of : Shri Raju Golder Mr. D. Ilango … for the appellant Mr. Sumit Karmakar … for the State July 09, 2025 [AKB] Item No.6 This is an application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for grant of bail in connection with FIR No. 78 of 2024 dated 01.09.2024 PS Rangat under Section 22 (b)/22(c)/29 of NDPS Act, 1985 pending before the learned Special Judge NDPS Court being Special NDPS Case No. 21 of 2024. Learned counsel for the petitioner submits that initially one accused namely Sanjeev Kumar Halder was arrested by the police of PS Rangat on 01.09.2024 for the offence under Section 22 (b) of NDPS Act. During the investigation the petitioner was arrested on 16.09.2024 on the allegation that a commercial quantity of Narcotics have been seized from the possession of the petitioner. Learned counsel for the petitioner submits that since the arrest of the petitioner he is in custody. The other two 2 accused persons who have been arrested have already been enlarged on bail, but this petitioner had been denied the bail on the ground of alleged quantity is commercial in the nature. Mr. D. Ilango learned advocate appearing for the petitioner submits that the police has initiate a case under Section 22 (b) of the NDPS Act but subsequently at the time of arrest of the petitioner, police has invoke Section 22 (c)/29 of the NDPS Act, 1985 without the order of the Court. Subsequent addition of the section, the Investigating Officer has prayed for addition of section. Mr. Ilango further brought to the notice of this Court that the inventory was made on 17.09.2024 but immediately after inventory the Investigating Officer failed to send the seized materials directly to the concerned laboratory for obtaining report, instead of it was taken back to the Police Station and was sent to the CFSL by a letter dated 24.09.2024. But the laboratory has received the same on 11.10.2024 i.e. about one month after the inventory was made. Mr. Ilango further submits that the laboratory suppose to sent the report within fifteen days from the date of receipt of the materials but the laboratory has sent the report to the Investigating Officer on 29.10.2024 directly to the Investigating Officer instead of sending the same to the Magistrate. Mr. Ilango further brought to the notice of this Court to the arrest memo and submitted that the petitioner 3 was arrested on 16.09.2024 but the ground of arrest has not been assign to the petitioner at the time of arrest and as such the Investigating Officer has violated the provision of the Constitution of India. In support of his submission Mr. Ilango has relied upon a judgement in the case of Vihaan Kumar vs State of Haryana and another passed in Special Leave Petition (Crl. ) No. 13320 of 2024 wherein the Hon’ble Supreme Court held that if the arresting officer failed to assign the reason for arrest in the arrest memo, i.e. voilative of provision of Article 22 of the Constitution of India. Mr. Ilango submits that the petitioner was arrested on 16.09.2024 and since then the petitioner is in custody but till date the evidence has not been commenced. He submits that it is not possible for the Court to dispose of the case as early as possible, and as such he prayed for bail. Per contra, Mr. Sumit Karmakar, learned Public Prosecutor submits that the Narcotics seized from the possession of the petitioner is commercial in nature and the petitioner has not made out a case to come out from Section 37 of the NDPS Act, and as such he cannot be released on bail. Mr. Karmakar submits that the rule is not a mandatory it is a directory and as such on violation of the rules the petitioner cannot be released on bail. Mr. Karmakar further relied upon a judgement in the case of Ananta Barman vs State of West Bengal passed in 4 CRM (NDPS) 1617 of 2024 dated 02.05.2025 and submitted that mere filing of CFSL report by way of supplementary charge sheet subsequently will not entitle the petitioner to release on bail. Heard the learned counsel for the respective parties and perused the materials on record. As per the seizure memo and as per the case made out by the prosecution the commercial quantity of the Narcotics have been seized from the petitioner. The petitioner was arrested on 16.09.2024 and inventory was made before the learned magistrate on 17.09.2024. After the inventory was made instead of sending the materials directly to the CFSL, the Investigating Officer has taken the materials to the Police Station and had sent the materials to the CFSL on 24.09.2024. The CFSL authorities instead of sending the report directly to the magistrate with copy to the Investigating Officer have sent the report directly to the Investigating Officer. It is also found that the petitioner was arrested on 16.09.2024 and a custody memo was prepared. But in the custody memo nothing was shown that a reason of arrest was informed to the petitioner. Considering the above this Court finds that the petitioner has made out a case to come out from the Section 37 of the NDPS Act. Accordingly, the petitioner may find bail of Rs. 20,000/- with two sureties of Rs. 10,000/- each. One surety must be local with the satisfaction of learned Chief 5 Judicial Magistrate at Mayabunder. If on bail he will attend PS Hutbay on every alternative day as he is a permanent resident of Hut Bay and whenever he intend to go out of Hut Bay to attend the Court at Mayabunder he will inform the Station House Officer at Hut Bay and with the permission of the Station House Officer he will leave the place. He shall appear before the learned Trial Court on each and every date of the hearing and he will not leave these Islands without prior permission of the Trial Court. CRM (NDPS)/5/2025 is disposed of. ( Krishna Rao, J. )