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IN THE HIGH COURT OF TRIPURA AT AGARTALA
Biswajit Palit
State of Tripura, Represented by the Secretary to the Government of Tripura, Home Department – Appellant
Versus
Badal Miah, S/o Md. Kuddus Miah – Respondent
ORDER :
Biswajit Palit, J.
1.This is an application under Section 483 (3) read with Section 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for cancellation of interim bail granted to the respondent-accused namely, Sri Badal Miah vide order dated 06.09.2024 in connection with case No.2024 AMT 104 under Section 21 (b)/22(c)/23/25/27/27(A)/29 of NDPS Act.
2. Heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-petitioner and also heard Learned Counsel, Mr. P. Sen Choudhury appearing on behalf of the respondent-accused.
3. Taking part in the hearing, Learned P.P. first of all drawn the attention of the Court that on the basis of an FIR laid by one Om Prakash Swami, Assistant Commandant of 42 Bn BSF to O/C Amtali Police Station on 19.08.2024, this present case was registered and in course of investigation, the principal accused, Ibrahim Miah was arrested and taken into custody as a considerable quantum of contraband item of commercial quantity was found under his possession. Thereafter, in course of investigation, the I.O. of this case produced the accused under arrest before the Court of Learned Special Judge, Court No.4, Agartala, West Tripura on 06.09.2024 and on that day
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The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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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.
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