Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.

JUDGMENT

[1] This application under section 438 of the Code of Criminal Procedure (Cr.P.C hereunder), 1973 has been filed by the petitioner for granting pre arrest bail to him in Bishalgarh PS case No. 2021/BLG/006 registered under sections 20(b)(ii)(C) read with sections 25, 29 and 32 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act for short).

[2] The case as put forth by the prosecution, briefly stated, is as under:

Sri Sanjoy Majumder, Sub Inspector of police of Bishalgarh police station received an information from the secret source of police on 03.02.2021 at 11.05 hours that the petitioner along with the other FIR named accused of this case was processing and packing dried ganja in an area covered by a jungle at Chelikhala, Bishalgarh for the purpose of smuggling of the said contraband to Bangladash. The information was recorded in the general diary of the police station vide Bishalgarh PS GDE No. 015 dated 03.02.2021. Thereafter, the said police officer sent the information to the jurisdictional Superintendent of police and the Additional Superintendent of police as well as Sub- Divisional police officer and sought for their permission to carry out search and seizure at Chelikhala, Paul Para where the alleged activities of processing and packing of dried ganja were being carried out by the petitioner and his associates. In response, the Superintendent of police instructed the officer in charge of Bishalgarh police station to take appropriate action to book the offenders. The same was also recorded in the general diary of police station vide GD entry No. 016 dated 03.02.2021. Thereafter, vide GD entry No. 017 dated 03.02.2021, Debasish Saha, officer in charge of Bishalgarh police station along with said Sanjoy Majumder, Sub-Inspector of police and Bijoy Das and Raju Bhowmik, both Sub-Inspectors and other police staff left the police station for the place of occurrence. Having arrived at Chelikhala, Paul para, the said police team cordoned the area and detained two accused namely, Manik Rudra Paul and Biswajit Rudra Paul who were found processing and packing dried ganja by setting up a unit for this purpose in the said jungle. Seeing police, the present accused fled leaving his motor bike at the spot. The police team recovered and seized huge quantity of packed and unpacked dried ganja weighing 200.26 Kgs, the tools and machines of the ganja processing unit setup by the accused persons, three motor bikes and the mobile phone of one of the accused persons. On interrogation of the arrested accused persons, police came to know that they along with present petitioner Suman Rudra Paul were engaged in smuggling out dried ganja across the border to Bangladesh. The arrested accused persons were then brought to the police station along with the seized contraband, the motor bikes and the tools and machineries of their ganja processing unit.

[3] Said Sanjoy Majumder, Sub-Inspector of police lodged a suo-motu FIR against the petitioner and the two arrested accused which has been registered as Bishalgarh PS case No. 2021/BLG/006 under sections 20(b)(ii)(C) read with sections 25, 29 and 32 of the NDPS Act. The other two accused persons who were arrested at the spot are still in custody. Present petitioner also filed similar application before the Special Judge at Bishalgarh in Sepahijala Judicial District seeking pre arrest bail under section 438, Cr.P.C. The learned Special Judge turned down the said application by a detailed order after hearing the counsel representing the parties.

[4] Heard Mr. J. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned P.P appeari