HIGH COURT OF TRIPURA AGARTALA B.A. No.89 of 2025 Md. Amran Hossain(21)

S/o Abdul Ali, Resident of Madhyapara, Indiranagar, P.S: Melaghar, Dist.: Sepahijala, Tripura, Pin-799115.

---- Applicant Saddam Hossain (30), S/o Abdul Ali, Resident of Madhyapara, Indiranagar, P.S: Melaghar, Dist.: Sepahijala, Tripura, Pin-799115.

---- Accused person in custody Versus Union of India Represented by Customs Preventive Force, Teliamura under Customs Division, Agartala, Ministry of Finance, Department of Revenue, Govt. of India.

----Respondent(s)

For Applicant(s) : Mr. Siraj Ali, Adv.

For Respondent(s) : Mr. Biplabendu Roy, Adv.

HON‟BLE MR. JUSTICE BISWAJIT PALIT

Order

13/11/2025 This bail application under Section 483 of BNSS, 2023 read with Section 37 of NDPS Act, 1985 is filed for granting bail to the accused person-in-custody namely Saddam Hossain in connection with Customs, Teliamura case No.03/CL/NDPS/CPF/TLM/2025-26 for the offence punishable under Sections 21(c)/22(c)/23(c)/ 25/25A/29 of NDPS Act, 1985.

Heard Learned Counsel, Mr. Siraj Ali appearing on behalf of the accused person-in-custody and also heard Learned Counsel, Mr. Biplabendu Roy appearing on behalf of the respondent-Union of India.

As ordered earlier, this Court has received the record from the Learned Trial Court and also Learned prosecuting Counsel on behalf of Union of India has produced the Case Diary.

Taking part in the hearing, Learned Counsel for the accused has drawn the attention of this Court referring the contents of the complaint that on 18.06.2025 at about 05:30 hours, Inspector Dinesh Kumar, Customs Preventive Force, Teliamura received one secret information from a secret source that huge quantity of Yaba tablets are being transported from Dharmanagar to Sonamura by a new bike (two-wheeler) Bajaj NS 200 (Red Colour) with temporary registration number and the Yaba tablets will be kept in bag of the rider and the name of the rider will be Saddam Hossain. It was also the information that the said bike will proceed through Kamalpur-Khowai road (NH-208) and it will cross Khowai between 09:30 hours to 10:30 hours. After receiving the information, the fact was immediately reduced into writing in the office information register and then he immediately intimated the fact to his superior officer i.e., the Superintendent, CPF Unit, Teliamura by sending one copy of the page of the information register in which he reduced the information in writing along with a forwarding vide dispatch no.- 179, dated 18.06.2025. After receiving his written intimation, his superior officer endorsed him with the operation and directed him to proceed for the recovery by following the NDPS Act. Accordingly, at around 07:30 hours, he formed a team of other staffs of CPF Unit, Teliamura and also took assistance of 28 Assam Rifles, Teliamura Sector for the purpose of operation and proceeded from their office along with the tools for operation & seizure proceedings like electronic weight machine, field drug testing kit, blank & formatted papers, etc. and reached Khowai around 08:30 hours and went towards Bachaibari to decide the interception point as the carrier was riding a bike and NH208 is wider which the rider could use to flee away. At around 09:00 hours they reached near Bachaibari market and found one suitable place to intercept the small vehicle. At around 09:15 hours, he approached two persons and introduced himself and the team to them by showing ID cards. Thereafter, he informed them about the secret information and requested them to be witness of the search proceedings that will be interception of the targeted vehicle. The witnesses agreed to his request. At about 11:15 hours, when the informant along with the other members of the team were waiting near Bachaibari, Khowai, that time, he found the vehicle i.e. red colour Bajaj NS 200 driven by one person, carrying one bag and he signaled the bike to stop and park on the roadside. That time, he asked Havaldar of Teliamura Customs office for vi