HIGH COURT OF TRIPURA AGARTALA B.A.No.36 of 2025 Sri Sajul Islam Purkayastha on behalf of accused Samim Uddin Purkayastha ---- Applicant(s)

Versus The State of Tripura ----Respondent(s)

For Applicant(s) : Mr. Subrata Sarkar, Sr. Adv.

Mr. Arpan Jamatia, Adv.

Ms. Piyali Chakraborty, Adv.

For Respondent(s) : Mr. Rajib Saha, Addl. P.P.

HON’BLE MR. JUSTICE BISWAJIT PALIT

Order

30/05/2025 This bail application under Section 483 of BNSS, 2023 is filed for releasing the accused in custody namely, Samim Uddin Purkayastha on bail in connection with Ambassa PS case No.2025 ABS 003 registered under Sections 22(c)/25/29 of NDPS Act.

Heard Learned Senior Counsel, Mr. Subrata Sarkar assisted by Learned Counsel, Mr. Arpan Jamatia appearing on behalf of the accused in custody. Also heard Learned Addl. P.P., Mr. Rajib Saha appearing on behalf of the respondent-State.

Yesterday the matter was heard in-part and the matter was fixed today for production of case diary by the I.O before this Court. But today Learned Addl. P.P. submitted that the I.O. has failed to produce the case diary despite of the intimation. As such, this Court find no scope to adjourn the case furthermore as because the accused is languishing in jail.

Yesterday in course of hearing of argument, Learned Senior Counsel, Mr. Sarkar drawn the attention of this Court that on the basis of an F.I.R. laid by one Joy Thapa, S.I. of Ambassa PS on 10.02.2025 in reference to Ambassa PS GD entry No.20 dated 10.02.2025 this case was registered.

(2)

Initially, in this case one Sibajul Hossain and Sairul Islam were taken into custody and produced before the concerned Court below. Thereafter, in course of investigation and on the basis of interrogation report of other co- accused person, the present accused person namely, Samim Uddin Purkayastha was taken into custody. The present accused person is languishing in jail on and from 09.04.2025. Learned Senior Counsel, Mr. Sarkar at the time of hearing of argument based his submission only on two grounds.

Learned Senior Counsel first of all drawn the attention of this Court that the accused in custody is not F.I.R. named and no contraband items were seized from his possession and only based on the interrogation report of the co-accused person, he was taken into custody. Learned Senior Counsel further drawn the attention of this Court referring the compliance report dated 27.02.2025 (Annexure-J), compliance report dated 04.03.2025 (Annexure-K), compliance report dated 18.03.2025 (Annexure-L), compliance report dated 25.03.2025 (Annexure-M), compliance report dated 29.03.2025 (Annexure-N) submitted by I.O. and further submitted that in all the aforesaid compliance reports nowhere it was mentioned by the I.O. a single line showing implication of the accused in custody with the alleged crime and it was only revealed from the statement of the master mind of the alleged crime, Md. Ansar Uddin Laskar. From those compliance reports only the name of one Billal Miah, Saddam Hosain, Saikul and Kader were revealed. So, Learned Senior Counsel submitted that the present accused in custody was in no way involved with the alleged crime. Learned Senior Counsel again drawn the attention of this Court to the interrogation report of the accused person which is also annexed with the bail application wherein in para Nos.7 and 8 the said accused narrated following facts:

“(7) During his interrogation it’s reveals that the the prime accused persons namely-Saikul Uddin Laskar, Ansar Uddin Laskar & Sajahan Alom Laskar were belongs to same village i.e- Jalal pur, Part-1, PS- Kalain Dist- Cachar (3)

and all of them were relative to each other. And the another A/P namely- Abdul Kader S/O- Abdul Jabber belongs to another village i.e- Khelma Part-ii, PS- Kalain, which is approx 8 to 9 KM away from his house Jalalpur Part-i. But he knows the Abdul Kader as a engaged Driver of the seized Vehicle and moreover Abdul Kader married to one lady from his village of Jalal pur Part-l in this connection