Jaharul Sekh v. The State Of West Bengal

February 18, 2026 57 ARDR Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION CRM (NDPS) 63 of 2026 In Re : An application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Sahebganj Police Station case no. 235 of 2025 dated 29/4/2025 under Section 21(c)/29 of the NDPS Act.

And In Re :

Jahurul Sekh ... Petitioner Adv. Prajnadeepta Roy, Adv. Jaimallya Bhattacharya, Adv. Sourav Biswas, ... for the Petitioner.

Adv. Kallol Acharjee, Adv. Aniruddha Biswas, ...for the State.

The petitioner seeks bail primarily on the ground that the search and seizure have not been videographed in terms of the mandate laid down by this Court. The seized sample has been sent for forensic examination prior to issuance of the certificate of correctness of the inventory by the learned Magistrate. Learned counsel for the State does not deny the said fact. In view of the above, this Court is inclined to hold that such irregularities dilute the statutory restriction under Section 37 of the NDPS Act. The petitioner is entitled to be released on bail. Accordingly, prayer for bail is allowed.

Accordingly the petitioner namely Jahurul Sekh 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

should be local, to the satisfaction of the learned Additional Sessions Judge, 1st Court, (NDPS Act) Cooch Behar subject to condition that he shall appear before the learned trial Court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever.

In the event the petitioner fails 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) 63 of 2026 is thus 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 given to the parties, upon compliance with all requisite formalities. (Suvra Ghosh, J.)