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S. G. CHATTOPADHYAY
Suman Rudra Paul – Appellant
Versus
State of Tripura – Respondent
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 a
Compliance with legal procedures under the NDPS Act is essential for ensuring the validity of arrests and searches, as established in relevant jurisprudence.
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.
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....
The court emphasized that bail under the NDPS Act requires reasonable grounds for believing the accused is not guilty, especially when dealing with commercial quantities of narcotics.
The court emphasized the limitations on granting bail under Section 37 of the NDPS Act, the definition of ganja under Section 2(iii)(b) of the NDPS Act, and the applicability of Section 50 of the NDP....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Compliance with statutory requirements under the NDPS Act should be determined at the trial stage, and the burden of proof lies with the prosecution.
The main legal point established is the stringent requirement of reasonable grounds for believing that the accused is not guilty of the alleged offence and is not likely to commit any offence while o....
The seriousness of drug offenses and the need to strictly adhere to the provisions of the NDPS Act, considering conscious possession of contraband and the likelihood of the applicant committing simil....
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