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S. G. CHATTOPADHYAY
Priya Lal Halder – Appellant
Versus
State of Tripura – Respondent
JUDGMENT
S.G. Chattopadhyay, J. - This bail application under section 439 Cr.P.C. has been filed for releasing the accused namely Priya Lal Halder on bail who has been undergoing imprisonment since 16.09.2021 in case No. Special (NDPS) 27 of 2019 under sections 21(c) and 29, NDPS Act, 1985.
2. Successive applications of the accused for pre arrest bail were rejected by this court by orders dated 16.07.2021 and the subsequent order dated 10.09.2021. Thereafter, he surrendered at the police station on 16.09.2021. He has been undergoing imprisonment since then.
3. Heard Mr. B. Deb, counsel appearing for the petitioner along with Mr. S. Rahman, learned advocate. Also heard Mr. R. Datta, learned P.P. appearing for the State respondent along with Mr. S. Debnath and Mr. S. Ghosh, learned Addl. Public Prosecutors.
4. The factual context of the case is as under:
Mr. B. Debbarma, sub-inspector of police, Teliamura Police station lodged a suo moto FIR with the Officer-in-charge of Teliamura police station on 03.09.2019 alleging, inter alia, that on 02.09.2019 at around 0305 hours while he along with his accompanying staff was patrolling at National Highway-8, the vehicle bearing registration no. TR
Bail under NDPS Act requires the accused to demonstrate reasonable belief of innocence and no likelihood of re-offending; these conditions are cumulative and must be satisfied.
The court denied bail under the NDPS Act due to the serious nature of drug trafficking charges and failure to meet statutory conditions, emphasizing public safety and legislative intent.
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
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 held that bail cannot be granted under the NDPS Act without satisfying the statutory requirements of demonstrating that the accused is not guilty of the offence and is unlikely to commit fu....
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