Sujit Dhar vs State of Tripura - 2015 Supreme(Tri) 501

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2015 Supreme(Tri) 501

DEEPAK GUPTA
Sujit Dhar – Appellant
Versus
State of Tripura – Respondent

Advocates:
Advocate Appeared:
Mr. P.K. Biswas, Sr. Adv., Mr. P. Majumder, Adv., Ms. C. Bhowmik, Adv.
Mr. R.C. Debnath, Addl. P.P.

JUDGMENT

This bail petition by the petitioner has been filed in respect of West Agartala P.S Case No.47 of 2015 (re-numbered as Special NDPS Case No. 13/2015) registered against the petitioner under Section 21(c) of the NDPS Act, 1985, hereinafter referred to as the Act.

2. The prosecution story briefly stated is that the Officer-in-Charge of the West Agartala police station received secret information in the morning of 24.04.2015 that large amount of codeine based cough syrup was illegally stored in the house of the petitioner. The matter was brought to the notice of the Superintendent of Police concerned. Thereafter the informant along with other staff went to Lankamura, identified the house of the petitioner and on conducting raid recovered 975 bottles of phynsidol, 150 bottles reco-dex and 160 bottles of Es-kup from the hut of the petitioner. The petitioner was thereafter arrested and the bail petition filed before the trial Court was rejected. Hence the present bail application.

3. Sri P.K. Biswas, learned senior counsel appearing for the petitioner has raised two contentions before this Court. The first contention is that the provision of Section 42 of the Act have been violated