HIGH COURT OF TRIPURA AGARTALA B.A. No.117 of 2025 Smt. Partima Debbarma, W/O Sri Goutam Debbarma, aged about 30 years, resident of C/o Helen Kumar Debbarma, Nakshatra Bari, South RC Ghat, VTC South RC Ghat, P.O. Teliamura, District Khowai, presently residing at Maikhorpara, Lefunga (near ICDS Centre), P.O. & P.S. Lefunga, District West Tripura.

...... Applicant(s)

The accused person being lodged in judicial custody, the present petition is preferred and presented by the above-named wife of accused person;

Sri Goutam Debbarma, S/O Late Krishna Debbarma, aged about 35 years, resident of Maikhorpara, Lefunga (near ICDS Centre), P.O. & P.S. Lefunga, District West Tripura.

...... Accused Person(s)

V E R S U S The State of Tripura ...... Respondent(s)

For Applicant(s) : Mr. S. Lodh, Advocate.

Mr. Subham Majumder, Advocate.

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

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA _O_R_D_E_R_

12/12/2025 Heard learned counsel of both sides.

[2] A police case was registered at Kalyanpur police station bearing No. Kalyanpur PS 12 of 2025 based on an FIR lodged by SI Dibyajyoti Majumder that during vehicle checking, he stopped one vehicle bearing No.TR 01 CC 0276 (EECO) and found seven persons were sitting there and on search, he recovered from Abdesh Kumar Mandal 4 (four) packets of suspected ganja wrapped with brown colour cello tape, total weight of which was 8 Kg. Similarly from another passenger namely, Sambhu Kumar Mandal recovered total 6 Kg of ganja kept in 6 (six) numbers of packets wrapped similarly with such brown colour cello tape. From another passenger namely, Mantu Mandal, he further recovered 6 Kg of such suspected ganja kept in 6 (six) numbers of such packets wrapped with brown colour cello tape. The investigation finally ended in submission of charge-sheet under Section 20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) against six accused persons and under Section 20 (b)(ii)(C)/25/29 of the NDPS Act and under Section 192A of the Motor Vehicles Act, 1988 (for short MV Act) against the present applicant, Goutam Debbarma, who was the driver of said vehicle.

[3] Mr. S. Lodh, learned counsel for the applicant during hearing refers to the FIR, seizure list dated 05.07.2025 and also the charge-sheet of the case and submits that in all places the total weight of such ganja with packets are shown to be 20 Kg. Therefore, according to Mr. Lodh, learned counsel if the weight of the packets is deducted from the said total weight of 20 Kg, the weight of ganja will be less than 20 Kg and therefore, the case cannot come under the purview of commercial quantity of contraband items. Learned counsel also submits that already charge is framed against all the accused persons under Section 20(b)(ii)(C)/29 of the NDPS Act and a separate charge under Section 25 of the NDPS Act and Section 192A of the MV Act is also framed against the present applicant along with charge under above said provisions of law which were framed against other accused persons. On that ground, learned counsel prays for bail of the accused applicant stating that from his arrest on 06.07.2025, till date he is in custody and he has his permanent home and hearth within the State of Tripura and therefore, there is no chance of his abscondence.

[4] Mr. Rajib Saha, learned Addl. P.P., on the other hand, submits that when charge was framed under Section 20(b)(ii)(C) of the NDPS Act read with Section 29 against all the accused persons, the applicant did not raise any objection and therefore, now at the belated stage, he cannot raise the question of applicability of said provisions of Section 20(b)(ii)(C) during bail hearing. However, he did not dispute the fact that the total quantity of contraband as shown by the police authority in the FIR as well as in the seizure list inclusive of weight of packages is 20 Kg.

[5] Considered the submission of both sides.

[6] As per Rule 3(2) of the Narcotic Drugs and Psychotr