HIGH COURT OF TRIPURA AGARTALA Crl. A. 4 8/2025 The State of Tripura represented by the Secretary, Home Department, Government of Tripura.

----Appellant (s)

Versus

1. Alamgir Hossain, son of Abdul Munaf of Telkajla, Miyapara, P.S. Melaghar, District-

Sepahijala, Tripura

2. Md. Ahamed Ali, son of Ali Akbar of Noagaon, Barbheti Musulman Chuba, P.S. Nagar Sadar, District- Noagaon, State- Assam

3. Laki Begam, wife of Alamgir Hossain of of Telkajla, Miyapara, P.S. Melaghar, District- Sepahijala, Tripura ----Respondent(s)

For the Appellant(s) : Mr. Raju Datta, PP For the Respondent(s) : Mr. D. Bhattacharya, Sr. Adv.

Ms. R. Bhattacharya, Adv. Date of hearing & delivery of Judgment & Order : 21.01.2026 Whether fit for reporting : Yes/No BEFORE HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE S. DATTA PURKAYASTHA JUDGMENT & ORDER (ORAL)

(Dr. T.Amarnath Goud, J)

Heard Mr. Raju Datta, learned Public Prosecutor, appearing for the appellant-State of Tripura. Also heard Mr. Debalay Bhattacharya, learned senior counsel assisted by Ms. Reshmi Bhattacharya, learned counsel appearing for the accused-respondents.

2. The appellant-State, by means of filing the present appeal, under Section 419(1) of BNSS, has challenged the judgment and order dated 16.08.2024 passed by the learned Special Judge (NDPS), Sepahijala Tripura, Sonamura, in connection with case No. Special (NDPS) 14 of 2024, whereby the accused-respondents have been acquitted from the charge under Sections

20(b)(ii)(C)/25/29 of the NDPS Act.

3. The facts leading to the present appeal are that on 28.09.2023 at about 1100 hours, on secret information, the complainant, accompanied by the Officer-in-Charge of Melaghar Police Station and other staff, conducted a raid and search at the residence of the accused, Alamgir Hossain. During the search, they recovered one blue colour plastic packet containing contraband items of semi dry cannabis which is a small quantity from the possession of accused. Based on a suo motu complaint filed by the said complainant, Melaghar P.S. Case No. 2023/MLG/073 was registered against the accused-respondents and taken up for investigation. After completion of the investigation, charge-sheet was filed against the accused-respondents for commission offences punishable under Sections 20(b)(ii)(C)25/29 of the NDPS Act. Subsequently, the learned Special Judge (NDPS), Sonamura, took cognizance of the offence. After providing the necessary prosecution documents, the court framed charges against the accused-respondents, to which the accused-respondents pleaded not guilty and claimed to be tried. Accordingly, trial commenced. During trial, the prosecution examined only 7[seven] witnesses out of all cited witnesses and proved the exhibited documents. Thereafter, the examination of the prosecution witnesses was closed and the accused-respondents were examined under Section 313 Cr.P.C. wherein they denied all the incriminating materials brought against them and thereby the learned trial Court by the impugned judgment acquitted the accused- respondents from the charge leveled against them on the ground that the prosecution has miserably failed to establish the charges as framed against the accused-respondents beyond all reasonable doubts. Being aggrieved, the appellant-State has filed the present appeal challenging the impugned judgment and order of acquittal.

4. Mr. Raju Datta, learned PP appearing for the appellant-State, has argued that the learned trial Court did not consider the quantity of contraband articles which were recovered exclusively from the possession of the accused- respondent, Alamgir Hossain and the same relates to a grave offence under NDPS Act. Charge- sheet was also submitted against the accused-respondents but, the learned trial Court without giving any opportunity to the prosecution witnesses closed the evidence and acquitted the accused-respondents from the charges leveled against him. Mr. Datta, learned PP has further submitted that the learned trial Co