The main legal point established in the judgment is the significance of custodial interrogation in cases involving recovery of illicit arms and allegations of involvement in criminal activities.

This petition for grant of anticipatory bail has been filed in respect of FIR No.156 of 2014 lodged on 12-09-2014 at the instance of the police itself against the petitioner, his brother and some other persons alleging that they had prepared to commit a dacoity and that some illicit arms were recovered from the house of the present petitioner. The police approached the Executive Magistrate who issued a search warrant in terms of section 94 of the Code of Criminal Procedure (Cr.P.C.). Thereafter, the police went to the house of the present petitioner. According to the prosecution case, most of the persons managed to run away but one Uttam Debnath, real brother of the petitioner, was arrested in the house. When the search of the house was conducted, one unloaded single barrel gun and some ammunition were recovered hidden in a bag in the kitchen behind the firewood.

2. Accused Uttam Debnath has been released on bail. The others have also been released on bail and it is urged that Gautam Debnath, the present petitioner, should be granted anticipatory bail and released in the event of his arrest.

3. I am not in agreement with the submission made by the learned counsel because according to the police, it is Gautam Debnath who is the kingpin and the mastermind behind this entire attempted dacoity. This Court at this stage is not deciding the merits of the case but according to the prosecution, the illicit arms were recovered from the house of Gautam Debnath. No doubt, Uttam Debnath was also an occupant of the house and he was arrested but as per the record of the prosecution, during interrogation Uttam Debnath has stated that his brother Gautam Debnath had hidden the arms and ammunition in the kitchen room.

4. It has been urged on behalf of the petitioner that the arms were not seized and sealed at the spot. This is a matter to be looked into at the time of trial and at the time of grant of bail, this Court cannot go into the merits of the case one way or the other.

5. Therefore, I feel that custodial interrogation of the accused may be necessary in the facts of such case and, therefore, prayer for grant of anticipatory bail is rejected.

6. Before parting with this case, I am constrained to observe that the manner in which the Executive Magistrate issued warrants under section 94 of Cr.P.C. is not at all proper. The search warrant issued under section 94, signed by Sri M.L. Das, Sub-Divisional Magistrare, Sadar, reads as follows:-

“GOVERNMENT OF TRIPURA

OFFICE OF THE SUB-DIVISIONAL MAGISTRATE

SADAR SUB-DIVISION : WEST TRIPURA

(JUDICIAL SECTION)

No.F.8(4)/SDM/SDR/JDL/EM/2014/365-69 Dated:11/9/2014

SEARCH WARRANT U/S “94 of Cr.P.C.”

In view of the confidential report received from the Officer-Charge, East Agartala P.S. vide No.21074 dated 11/9/2014, a group of people who will assemble today mid night at the house of Goutam Debnath, S/O-Milan Debnath of Bidhyasagar Colony near Hindi School with intention and preparation for dacoity. They have possessed one fire arms in that location, therefore, the Officer-in-Charge, East Agartala P.S. is hereby directed to conduct a search raid on 11.09.2014 in the house of Sri Goutam Debnath S/O-Milan Debnath of Bidhyasagar Colony near Hindi School, Agartala by today under the provision of Section 94(1) of Code of Criminal Procedure, 1973.

During conducting the said raid under the search warrant specified above, Sri Takshiray Debbarma, Deputy Collector & Magistrate (Executive Magistrate), attached to this office will discharge his duty as Executive Magistrate and he may take appropriate course of action depending upon the evolving situation with intimation to the undersigned. In this regard, the Officer-in-Charge of East Agartala P.S. may maintain communication with the Executive Magistrate as and when required.

Sd/-(M.L. Das)

Sub-Divisional Magistrate

Sadar : West Tripura.”

7. Therefore, even according to the averments made in the search warrant, it was alleged that a group of persons would as