10.06.2026 Court No.4 Item No.4 AP HIGH COURT AT CALCUTTA CIRCUIT BENCH AT JALPAIGURI CRM (NDPS) 266 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.63 of 2026 dated 12.02.2026 under Sections 21(c)/25/29 of the NDPS Act. And In the matter of: Sukumar Barman ….Petitioner. Mr. Sawrup Das …For the Petitioner. Mr. Avrojyoti Das, APP Mr. Gobinda Ghosh …For the State. 1. Learned counsel representing the petitioner submits that no videography was made during the search and seizure, which is one of the vital points laid down under the procedure. He further summits that there is absence of seal of the Gazetted Officer (GO) in the seizure list. Banking upon these two facts, learned counsel for the petitioner prays for bail. 2. Learned Additional Public Prosecutor candidly submits that the videography has not been done in this case as regards the search and seizure and there is no evidence of videography made of the search and seizure in the case diary. He further submits that the investigating officer has been consulted in this regard and the investigating officer could not provide any information as regards to the videography. Considering the aforesaid fact, learned Additional 2 Public Prosecutor leaves the matter upon the discretion of the Court. 3. Considering the submission of the learned counsel representing the State, it transpires that there has not been any videography made in respect of the search and seizure of the articles seized, which is one of the vital provisions of law laid down as regards to seizure. In this circumstance, the liberty of the petitioner cannot be curtailed. Hence, the petitioner is granted bail. 4. Accordingly, the petitioner shall be released on bail upon furnishing bond of Rs.20,000/- with two sureties of Rs.10,000/- each, one of whom must be local, to the satisfaction of the learned Judge, Special Court under the NDPS Act, Coochbehar on conditions that the petitioner shall appear before the trial court on every date of hearing and shall not intimidate witnesses or tamper with evidence in any manner whatsoever and on further condition that the petitioner shall not leave the jurisdiction of the district of Coochbehar without prior permission of the Trial Court and on further condition that the petitioner shall meet the Investigating Officer once in a fortnight until further orders. 5. In the event the petitioner fails to comply with the aforesaid conditions without any justifiable cause, the Trial Court shall be at liberty to cancel his bail without reference to this Court. 6. The Superintendent of Police, Coochbehar shall look into the fact as regards to the non-compliance of the technicality of search and seizure. 3 7. The case diary is returned to the learned Additional Public Prosecutor in Court today. 8. The application for bail is thus disposed of. 9. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities. (Supratim Bhattacharya, J.)