HIGH COURT OF TRIPURA

AGARTALA

BAIL APPLICATION NO.131 OF 2025

Smt. Anju Debbarma,

W/o Sri Ranabir Debbarma, R/o North Debendra Chandra Nagar,

P.S. Sidhai, Sub-Division-Sadar, Dist.-West Tripura,

Pin-799211.

--- Applicant/Petitioner.

ON BEHALF OF -

Sri Ranabir Debbarma,

S/o Takhiray Debbarma, R/o North Debendra Chandra Nagar,

P.S. Sidhai, Sub-Division-Sadar, Dist.- West Tripura,

Pin-799211.

…Accused person.

Versus

The State of Tripura

--- Respondent.

BEFORE

HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA

For the Applicant/Petitioner : Mr. Ratan Datta, Advocate.

Ms. S. Nag, Advocate.

For the Respondent : Mr. Raju Datta, P.P.

Date of hearing : 16.12.2025.

Date of delivery of

Judgment & Order : 18.12.2025. Whether fit for reporting : YES NO



JUDGMENT AND ORDER

This bail application has been filed under Section 483 of BNSS,

2023, praying for bail of accused Ranabir Debbarma, in connection with Ganganagar P.S. Case No.02/2025, registered under Sections 20(b)(ii)(c)/25/29 of NDPS Act and Section 190(2)/192(A) of M.V. Act, 1988.

2. Brief facts of the prosecution case are that Inspector Suben Debbarma of Ganganagar Police Station submitted a written FIR alleging that during vehicle checking duty on 20.06.2025 at Ganganagar Naka Point, on Ambass-Gandacherra Road, when they gave signal to stop the vehicle bearing Registration No.TR01-BU-0210 (XUV-300), the vehicle did not stop and ran away from the said spot. They started chasing the said vehicle and ultimately found that the said vehicle was left abandoned near Karnamani Para TSR camp by the driver who fled away through the jungle. They searched the vehicle and ultimately, recovered 6(six) packets of ganja wrapped with brown colour cello tape, measuring 20 Kg. 100 gm. therefrom.

3. Police carried out the investigation and during investigation arrested the accused Ranabir Debbarma on 08.08.2025 and seized one mobile phone containing SIM No.7085507635 from his possession. Prior to that the I.O. on the basis of informations received from his source, collected CDR of said mobile phone to detect it’s tower location, covering the period from 09.06.2025 to 23.06.2025 and on examination, I.O. found that on the very date of incident, the holder of the said mobile phone started his journey from Uttar Debendranagar under Lefunga P.S. and at certain point of time, he went to Ganganagar through Jirania Howaibari and then to Ambassa. Police examined other relevant witnesses and ultimately laid the charge-sheet against the present accused under Sections 20(b)(ii)(c)/25/29 of NDPS Act and under Sections 177/190(2)/192(A) of MV Act.

4. At the time of hearing, learned counsel, Mr. Ratan Datta appearing for the petitioner admits that the accused is the owner of the alleged vehicle wherefrom the alleged recovery of ganja was done by the police.

However, learned counsel submits that the total weight of ganja was found to be 20 Kg. 100 gm. as per the seizure list inclusive of the weight of the package and therefore, there is every likelihood that the total weight of the ganja excluding the packets is likely to be less than 20 Kg.

Learned counsel further submits that in the charge sheet after the closure of the investigation, except the CDR report of the mobile phone of the accused, no material could be collected by the investigating officer to prima facie establish that he was engaged in such trafficking of drugs and moreover, the ownership of the mobile phone is also disputed.

Mr. Ratan Datta, learned counsel also submits that in the charge sheet, the investigating officer has given a chart regarding tower location of said seized mobile phone but timing of presence of the accused at Ganganagar area is also not mentioned therein to connect it with the alleged occurrence of offence at 11:50 hours.

Learned counsel further added that the investigating officer has laid the charge sheet under Section 20(b)(ii)(c)/25/29 of the NDPS Act which itself indicates that the owner was not the driver of the vehicle. Moreover, there are no materials collected b