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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
| Table of Content |
|---|
| 1. application for cancellation of interim bail. (Para 1 , 2) |
| 2. arguments regarding the misinterpretation of bail provisions. (Para 3 , 4) |
| 3. counterarguments supporting bail validity. (Para 5 , 6) |
| 4. judicial observations on ndps act provisions. (Para 7 , 8 , 9) |
| 5. case law emphasizing proper judicial conduct in bail matters. (Para 10 , 11 , 12) |
| 6. legal standards for bail cancellation. (Para 14 , 16) |
| 7. decision to cancel bail and direct surrender. (Para 19 , 20) |
| 8. final order and directive on case files. (Para 21 , 22 , 23) |
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 b
The granting of bail under the NDPS Act must strictly adhere to statutory requirements; mere absence of contraband possession does not negate the necessity for robust scrutiny of evidence against the....
The court reaffirmed that bail under the NDPS Act requires strict adherence to Section 37(1)(b)(ii), emphasizing that health conditions alone do not justify bail in serious drug offenses.
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.
Courts must strictly apply Section 37 of the NDPS Act requiring proof of non-guilt and lack of risk to public safety for bail eligibility.
The court reaffirmed that under the NDPS Act, bail should only be granted if satisfactory grounds exist for believing the accused is not guilty and unlikely to reoffend, emphasizing strict adherence ....
The court ruled that a bail order confirmed by a higher court cannot be revoked by a co-ordinate bench without new evidence and proper procedures.
The court emphasized the stringent conditions imposed by Section 37 of the NDPS Act for granting bail in cases involving commercial quantity of contraband, highlighting the need for reasonable ground....
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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