HIGH COURT OF TRIPURA _A_G_A_R_T_A_L_A_

Crl. A. No.26 of 2025

1. The State of Tripura, represented by the Secretary, Home Department, Government of Tripura.

…..Appellant _V_E_R_S_U_S_

1. Jahangir Hossain @ Jakir , S/o Maidur Ali, resident of Sahapur, P.S. Sonamura, District: Sepahijala Tripura.

2. Mubarak Hossain, S/o Maidur Ali, resident of Sahapur, P.S. Sonamura, District:

Sepahijala Tripura.

3. Muslim Miah, S/o Masdur Ali, resident of Sahapur, P.S. Sonamura, District:

Sepahijala Tripura.

4. Maleka Banu, W/o Jahangir @ Jakir Hossain, resident of Sahapur, P.S. Sonamura, District: Sepahijala Tripura.

5. Abu Hanif, S/o Indru Ali, resident of Sahapur, P.S. Sonamura, District: Sepahijala Tripura.

…..Respondents For Petitioner(s) : Mr. R. Datta, P.P.

For Respondent(s) : Mr. T. Ali, Advocate.

Mr. S. Ali, Advocate.

Date of hearing and judgment & order : 10.12.2025.

Whether fit for reporting : YES HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA _F_I_N_A_L_O_ R_ D_ E_ R_

Heard.

[2] The present appeal has been filed under Section-378(1)(b) of Cr. P.C. against the judgment dated 25.04.2024 passed by the learned Special Judge (NDPS), Sepahijala Tripura, Sonamura, in connection with case No. Special (NDPS) 02 of 2021, whereby and whereunder, the respondent accused persons have been acquitted from the charge under Sections-20(b) (ii)(C)21(C)/22(C)/25/29 of NDPS, 1985.

[3] The appellant has prayed for the following reliefs:

“(a) admit this appeal, (b) issue notice upon the Respondents, (c) Call for the records and after hearing be pleased to set aside the Judgment dated 25.04.2024 passed by the Ld. Special Judge (NDPS), Sepahijala Tripura, Sonamura in case No. Special (NDPS) 2 of 2021 and convict the respondents against the charge under Section 20(b)(ii)(C)/21(C)/22(C)/25/29 of NDPS Act, 1985 and remand back the case to the Court of Ld. Special Judge (NDPS), Sepahijala Tripura, Sonamura and give reasonable opportunity to the prosecution agency to produce their prosecution witnesses No. 1,3,5,6,8 & 9 for proving their case.”

[4] The facts in brief are that on 18.06.2018, the complainant i.e. SI Rajib Saha being the O/C of Kolomchoura P.S lodged one suo-moto complaint against the accused persons alleging inter-alia that on 18.06.2018 at 10.50 hours on the basis of a secret information a joint raid was conducted in the shop of the accused persons namely Swapan Miah and Rajkumar Deb and they recovered 271 nos. bottle Eskuf 100 ml each from the shop of Swapan Miah and 81 nos. bottle of Phensedyl 100 ml each from the shop of Rajkumar Deb.

[5] On the basis of said information, a specific case was registered vide No.2018KLC037 dated 18.06.2018 under Sections 21(C)/25/29 of NDPS Act against the respondents herein. After investigation Charge sheet was submitted against the respondents and Charge was framed under Section 21(C)/25 NDPS Act against the respondent-accused persons. After trial the learned Special Judge acquitted the accused persons on the ground that the prosecution failed to exhibit document to prove there was compliance of Section 42(2) of NDPS Act in this case, the prosecution failed to prove seizure of contraband articles and also on the ground that prosecution failed to prove chain of prosecution of contraband from the time it was seized till it was forwarded to SFSL for forensic examination.

[6] Hence, the present appeal has been filed by the appellant before this Court for redress.

[7] Mr. R. Datta, learned P.P. appearing for the appellant has submitted that the learned Court below most illegally and arbitrarily acquitted the accused respondent without recording the evidence of the prosecution witness Nos.1, 3, 5, 6, 8 & 9 including the complainant, forensic expert and I.O. of the present case. Offence under NDPS Act is a grave offence against the society and huge quantity of contraband articles were recovered from the dwelling house of the accused and the I.O. also submitted charge sheet against the accused person under the