Procedural Non-Compliance under BNSS Section 105 is a Triable Issue and No Ground for Bail.

The accused, Sahinur Islam, was arrested on November 25, 2025, by Sonamura Police

Following a secret tip, the police detained the accused and recovered a sack containing 58 bottles of Eskuf syrup, classified as a commercial quantity of contraband

The petitioner filed for bail, alleging non-compliance with Section 105 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), asserting that the mandatory videography of the search and seizure was either not conducted or not properly uploaded to the eSakshya portal

The State countered that the procedural mandates were scrupulously followed and reflected in the case diary

1. Whether the alleged non-compliance with the mandatory videography and digital evidentiary requirements under Section 105 of the BNSS entitles the accused to bail in a case involving commercial quantities of narcotics

2. Whether procedural violations or irregularities in investigation should be considered at the stage of bail or relegated to the trial

The court primarily applied Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which mandates a "twin test" (reasonable grounds to believe the accused is not guilty and unlikely to commit an offense while on bail) for offenses involving commercial quantities

Section 105 of the BNSS regarding mandatory videography of search and seizure

The court relied on Vijaysinh Chandubha Jadeja v. State of Gujarat [(2011) 1 SCC 609] and Union of India v. Md. Nawaz Khan [(2021) 10 SCC 100], which established that questions of procedural compliance (such as Sections 42 and 50 of the NDPS Act) are matters of fact to be determined during trial

State of Tripura v. Sri Mahabul Alam [BA No. 23 of 2023], affirming that procedural violations should not typically be considered at the bail stage

The court found that because a commercial quantity of contraband was recovered, the rigors of Section 37 of the NDPS Act were applicable. The court determined that the "twin test" was not satisfied as there were sufficient prima facie materials linking the accused to the possession of the drugs

Regarding the alleged violation of Section 105 BNSS, the court noted that the facts were disputed; the case diary contained a certificate from the Investigating Officer indicating that materials had indeed been uploaded to the eSakshya portal

Aligning with established Supreme Court jurisprudence, the court reasoned that whether procedural mandates were scrupulously followed is a question of fact to be adjudicated during the trial, rather than a ground for bail at this preliminary stage

The High Court of Tripura rejected the bail application, holding that the prima facie recovery of a commercial quantity of contraband precluded the grant of bail

The trial court records were ordered to be re-consigned and the case diary returned to the Public Prosecutor