JUDGMENT :

Arindam Lodh, J.

1. Heard Mr. S. Lodh, learned counsel appearing for the petitioner and Mr. R. Datta, learned P.P. appearing for the State-respondent.

2. This is an application filed under Section 439 of CrPC, 1973 read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act, for short) for granting bail of the accused-person, namely, Jitendra Bhowmik, who was arrested on 24.01.2019 in connection with Special NDPS Case No. 08 of 2019 under Sections 22(b)/27A/25/29 of the NDPS Act, and till now he is in custody.

3. The relevant facts, necessary to be introduced for deciding the present bail application, are that the accused-person was arrested on 24.01.2019 at night, at about 2135 hours from the house of one Tutan Dey @ Manta of 79 Tilla, Agartala, West Tripura in connection with the above noted case as encrypted in the bail application.

The Duty Officer, NCC Police Station received an information from credible source that huge quantity of contraband drugs (heroin) was stored illegally in the house of one Tutan Dey, a resident within the jurisdiction of NCC police station. It was further disclosed by the source that the said Tutan Dey and his other partners were also present at that time, and if raid was not conducted instantly, in that case, they would dispose of or conceal the said contraband substances. The said Duty Officer after receipt of the information had shared the same with the Addl. S.P. (Urban), West, SDPO, NCC P.S. as well as SP, West. Necessary G.D. entry was made vide NCC P.S. G.D. No. 37 dated 24.01.2019.

4. Thereafter, the police personnel including SDPO, NCC P.S. raided the house of Tutan Dey, where they also found Jitendra Bhowmik, the petitioner herein and Dipankar Das. During search operation, police personnel recovered contraband articles, weighing approximately 18.06 gms of heroin with 30 number of vials containing 0.04 gms, 7 numbers of mobile sets and cash amount of Rs. 33,140/- and the same were seized. Tutan Dey including the present accused were arrested from the spot.

5. Here, it is to be mentioned that after completion of investigation, I.O. submitted charge-sheet against all the accused-persons including the present accused-person, namely, Jitendra Bhowmik.

6. After framing of charge on 16.02.2019, the wife of the present accused person, presented a bail application before this Court vide B.A. No. 104 of 2019 which was rejected on 27.09.2019 with a direction that the learned Special Judge would frame charge immediately and complete the trial expeditiously.

7. Charges were framed under Sections 22(b)/25 of NDPS Act against the present accused-person and calendar was fixed for examination of prosecution witnesses, w.e.f. 16.01.2020 to 22.01.2020. During that calendar, only one witness was examined and cross-examined. In the next calendar w.e.f. 25.02.2020 to 27.02.2020, only three witnesses were examined and cross-examined.

8. In the charge-sheet, I.O. had cited 12 witnesses. Four witnesses, namely, Sri. Dipankar Choudhury, PW-1, S.I. Shyamal Kanti Majumder, PW-2, Ezekiel Tripura, PW-3 and Smti. Anju Urang were examined and cross-examined. After their examination, trial could not be proceeded due to pandemic situation now prevailing in the entire State.

9. Mr. Lodh, learned counsel appearing for the accused-person has urged this bail application mainly on the following grounds:

(i) As the charge has been framed under Section 22(b) and Section 25 of the NDPS Act, the rigour of Section 37 of the NDPS Act is not applicable, only the limitations/restrictions as embodied in Chapter XXXIII of Criminal Procedure Code (for short, CrPC) is applicable. In the instant case, since the accused-person has been in custody for about 1 year and 6 months, and there is no chance of progress of trial in near future, he is entitled to be released on bail;

(ii) One of the charge-sheeted co-accused, namely, Smti. P. Dey, has already been released on bail, and it has not been challenged in the higher