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.

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 started noticing the vehicles which were coming from the said direction. The suspected vehicle arrived in front of Bishalgarh police station at 05.45 am and the same was detained by the police team. Driver Selvaraj K of Tamil Nadu told the police team that the vehicle was carrying rubber sheet. When police undertook a search in the said vehicle, the driver tried to flee away. He was however, detained and brought to police station for interrogation. With the help of interpreter, police interrogated him for about three hours and came to know that during the previous night rubber sheet was loaded in his vehicle from a place called Madhab bari at Jirania. Thereafter, he was taken to a place between Tepania and Killa in Gomati Tripura for loading dried ganja where he noticed huge quantity of dried ganja stored in a place and he learnt from the conversation of the people that present accused Bishu Kumar Tripura was the owner of the said contraband. It is stated in the FIR that 3390 Kg dried ganja wrapped in rubber sheets was recovered from the said vehicle and the same was seized in presence of witnesses. But, it is not clear from the FIR exactly where the vehicle was searched and the contraband was recovered and seized by police. However, on the basis of the said information lodged by Inspector Parthanath Bhowmik, Bishalgarh PS case No. 2021/BLG/059 under the said charges was registered and investigation of the case was taken up.

[3] Apprehending arrest in the case, accused petitioner has moved this court by means of filing this petition under section 438, Cr.P.C. seeking pre arrest bail.

[4] Heard Mr. J. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. R. Datta, learned P.P representing the State respondent.

[5] Counsel appearing for the petitioner contends that there is no material at all to justify the arrest and detention of the accused in connection with the present case. Therefore, it is necessary to protect him from unwarranted arrest to safeguard his liberty guaranteed under the Constitution. Counsel submits that except the statement of the accused driver that he heard the name of the present petitioner from the conversation of someone, there is no other material against him. Relying on the decision of the Apex Court in Surinder Kumar Khanna v. Intelligence Officer, Directorate of Revenue Intelligence reported in (2018) 8 SCC 271 couns