HIGH COURT OF TRIPURA A G A R T A L A B.A. No.107 of 2025 Sri Dilip Kumar Sahani, S/O Ganesh Sahani, resident of Gobhatta, P.S. Budhuchak, Dist.

Bhagalpur, Bihar.

……… Applicant(s)

On behalf of Smti. Rupa Devi, W/O Sri Dilip Kumar, resident of Gobhatta, P.S. Budhuchak, Dist.

Bhagalpur, Bihar.

……… Accused person(s)

– V e r s u s –

The State of Tripura, Represented by the Principal Secretary to the Government of Tripura.

…….. Respondent(s) B.A. No.108 of 2025 Sri Pappu Kumar Yedav @ Banu Mandal, S/O Kokay Mandal, resident of Damelighat, P.S. Mirganj, Dist. Purnia, Bihar.

……… Applicant(s)

On behalf of Smti. Ruchi Kumari, W/O Sri Pappu Kumar Yedav, resident of Damelighat, P.S. Mirganj, Dist.

Purnia, Bihar.

……… Accused person(s)

– V e r s u s –

The State of Tripura, Represented by the Principal Secretary to the Government of Tripura.

…….. Respondent(s) B.A. No.109 of 2025 Smt. Chanda Devi, W/O Ranjit Kumar Sahni, resident of Gobhatta, P.S. Budhuchak, Dist.

Bhagalpur, Bihar.

……… Applicant(s)

On behalf of Sri Ranjit Kumar Shahani, S/O Sri Ganesh Shahani, resident of Gobhatta, P.S. Budhuchak, Dist.

Bhagalpur, Bihar.

……… Accused person(s)

– V e r s u s –

The State of Tripura, Represented by the Principal Secretary to the Government of Tripura.

…….. Respondent(s)

B.A. No.110 of 2025 Sri Pappu Mandal, S/O Bucho Mandal, resident of Naugachia, Bhagalpur, P.S. Naugachia, Dist. Bhagalpur, Bihar.

……… Applicant(s)

On behalf of Smti. Laxmi Devi, W/O Sri Pappu Mandal, resident of Naugachia, Bhagalpur, P.S.

Naugachia, Dist. Bhagalpur, Bihar.

……… Accused person(s)

– V e r s u s –

The State of Tripura, Represented by the Principal Secretary to the Government of Tripura.

…….. Respondent(s) B.A. No.111 of 2025 Sri Salendar Maldar, S/O Godo Sahni, resident of Bhagalpur, P.S. Bhagalpur, Dist. Bhagalpur, Bihar.

……… Applicant(s)

On behalf of Smti. Pinki Devi, W/O Sri Salendar Maldar, resident of Bhagalpur, P.S. Bhagalpur, Dist.

Bhagalpur, Bihar.

……… Accused person(s)

– V e r s u s –

The State of Tripura, Represented by the Principal Secretary to the Government of Tripura.

…….. Respondent(s)

For the Applicant(s) : Mr. Debajit Biswas, Advocate.

For the Respondent(s) : Mr. Raju Datta, P.P.

Date of hearing and : 11^th December, 2025.

delivery of Judgment & order YES NO Whether fit for reporting :

√

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (ORAL)

All the bail applications are heard together and are being disposed of by this common judgment as all the bail applications have arisen out of the same police case.

[2] On 13.07.2025, WSI Sumitra Debbarma while performing vehicle checking duty at Trishabari area noticed that five passengers with their luggages got down from one passenger vehicle to go to Teliamura Railway Station. Seeing the police all of them stopped their movement. Out of suspicion, the informant with other police personnel cordoned them, informed SDPO, Teliamura and asked for presence of one Executive Magistrate to cause search. Accordingly, SDPO, Teliamura and one Executive Magistrate arrived there and on search total 32Kg of ganja was recovered from the possession of said five accused persons namely, Ranjit Kumar Shahani, Ruchi Kumari, Pinki Devi, Laxmi Devi and Rupa Devi, on behalf of all of whom the present bail applications are filed.

[3] The individual possession of ganja by said five accused persons, as alleged in the FIR, are as follows:

All the packets so found from said accused persons were wrapped with brown colour adhesive tape.

[4] Police arrested them and after that FIR was registered by said WSI Sumitra Debbarma. SI Rajendra Reang completed the investigation and submitted the charge sheet against all of them under Section 20(b)(ii)(C)/29 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (for short NDPS Act).

[5] Mr. Debajit Biswas, learned counsel for the applicants submits that the investigating officer as well as the learned Special Judge have committed error in taking the seized articles into consideration collectively, treating the same to be of commer