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S. G. CHATTOPADHYAY
Bishu Kumar Tripura – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
This application under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C hereunder) has been filed for granting pre arrest bail to accused Bishu Kumar Tripura who has been apprehending arrest in Bishalgarh PS case No. 2021/BLG/059 registered for offence punishable under Sections 20 (b)(ii)(C), 25, 27A, 29 and 32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act hereunder).
[2] Factual background of the case is as under:
Sri Parthanath Bhowmik, Inspector of Police of Bishalgarh police station lodged suo motu written FIR with the Officer in Charge of Bishalgarh police station alleging, inter alia, that on 24.07.2021 he received an information from police source that a truck bearing registration No. TN47-AT 4858 (Ashok Leyland Truck) was coming towards Bishalgarh from Udaipur and the said vehicle was carrying dried ganja. Sri Bhowmik recorded the said information in the general diary of the police station vide GD entry No. 8 dated 24.07.2021 and procured permission from the jurisdictional Superintendent of Police to step into action. He along with required number of Officers and Staff left the police station vide GD entry No. 10 dated 24.07.2021 and
Lack of substantial evidence linking the accused to the crime justifies granting pre-arrest bail under Section 438, ensuring individual liberty is protected against unwarranted arrest.
Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.
Granting pre-arrest bail under the NDPS Act requires stringent evidence of the accused's non-involvement; evidence against the petitioner established connection to significant drug trafficking activi....
Anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in serious drug-related offences, where custodial interrogation is necessary for a proper investigation.
Anticipatory bail is an extraordinary remedy, granted sparingly in serious cases, and requires compliance with court conditions; failure to do so can lead to rejection of bail applications.
Anticipatory bail under Section 438 Cr.P.C. should be granted sparingly, especially in serious cases involving potential conspiracy and where custodial interrogation is necessary for investigation.
The main legal point established in the judgment is the necessity of strict enforcement and custodial interrogation for effective investigation in drug trafficking cases under the NDPS Act.
Anticipatory bail under Section 438 of Cr.P.C. should be granted sparingly, especially in serious narcotics cases where the applicant's release may impede ongoing investigations.
The court emphasized the exceptional nature of anticipatory bail under Section 438 of the Code of Criminal Procedure, highlighting the need to balance personal liberty with the investigative rights o....
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