Dulal Sarkar and Anr. v. the State of West Bengal
Case brief
What is this about?
Calcutta High Court Jalpaiguri Circuit Bench; CRM (NDPS) 610 of 2025; decided 20.02.2026 by Suvra Ghosh J; bail under Section 483 BNSS 2023 in Pundibari Police Station Case No. 478 of 2025 dated 26.05.2025 under Sections 21(C)/25/28/29 NDPS Act; petitioners Dulal Sarkar and Bapan Das; rigours of Section 37 NDPS Act held diluted owing to discrepancies - search and seizure not videographed, non-compliance of Section 42 NDPS Act, forensic samples (RCKuff and Novitas) differing from seized RC-Kuff cough syrup, inventory certification mismatch, discrepancies unexplained in charge sheet; bail on bond of Rs.20,000/- each with two sureties (one local), conditions imposed, cancellation reserved to trial court.
What did the court decide?
Release of petitioners Dulal Sarkar and Bapan Das on bail upon bond of Rs.20,000/- each with two sureties of like amount each (one local), to the satisfaction of the learned Additional Sessions Judge, 1st Court (NDPS), Cooch Behar, subject to conditions (remain within trial-court jurisdiction; appear on every hearing date; no tampering with evidence or intimidation of witnesses); trial court empowered to cancel bail on breach; case diary to be returned; application disposed of.