Dulal Sarkar And ANR v. The State Of West Bengal

20.02.2026 jb.

jdt.

Allowed

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL MISCELLANEOUS JURISDICTION C.R.M. (NDPS) 610 of 2025 In Re : An Application for bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 filed in connection with Pundibari Police Station Case No. 478 of 2025 dated 26.05.2025 under Sections 21(C)/25/28/29 of the Narcotic Drugs and Psychotropic Substances Act.

And In Re : Dulal Sarkar & Anr.

Mr. Sourav Ganguly Mr. Bibek Tarafder Mr. Gopal Roy Ms. Rishita Chakaborty Mr. Bibhash Kr. Nandi ... For the Petitioners.

Mr. Nilay Chakraborty Mr. Kallol Nag ... For the State The petitioners pray for bail on several counts. Search and seizure have not been videographed. There has been no compliance of Section 42 of the NDPS Act. Though seizure list demonstrates that RC-Kuff + cough syrup was seized from the petitioners, the samples sent for forensic examination were of RCKuff and Novitas which are distinct and different from the articles seized. Also, the articles placed before the learned Judicial Magistrate for issuance of certification of correctness of inventory differ from the one's seized. These discrepancies have not been explained in the charge sheet.

In view of the discrepancies/contradictions that appear on the face of the record, this Court is inclined to hold that rigours of Section 37 of the NDPS Act are diluted and the petitioners may be released on bail.

Accordingly, the prayer for bail is allowed.

The petitioners namely Dulal Sarkar and Bapan Das shall 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 must be local to the satisfaction of the learned Additional Sessions Judge, 1st Court, (NDPS), Cooch Behar 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 fixed by the learned trial Court. The petitioners shall not tamper with evidence or intimidate witnesses in any manner whatsoever.

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

CRM (NDPS) 610 of 2025 is 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 supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh, J.)