HIGH COURT OF TRIPURA AGARTALA Crl. Rev. P. No.53 of 2025 Union of India represented by the Senior Intelligence Officer, Directorate of Revenue Intelligence, Agartala Regional Unit, under Ministry of Finance, Department of Revenue, Govt. of India.

----Petitioner Versus

1. Sri Rajib Das, S/O Jyoti Ranjan Das, resident of Village & P.O.-Resham Bagan, P.S.-East Agartala, District-West Tripura, Pin-799001 (presently under Judicial Custody)

2. Smt. Suchitra Datta Das, W/O Sri Rajib Das, resident of Village & P.O.-Resham Bagan, P.S.-East Agartala, District-West Tripura, Pin-799001.

---- Respondents

3. Sri Uttam Das, S/O Ramani Das, resident of Trinath Ashram, Purba Pratapgarh, P.S.-East Agartala, District-West Tripura, Pin-799001 (presently under Judicial Custody).

Presently, the family of Sri Uttam Das is residing at the house premises of Sri Prahaladh Mukherjee, situated at Baldakhal, Chandrapur, near Agartala Public School P.S.-East Agartala, West Tripura, Pin-799008 on rent.

4. Sri Abhijit Bhowmik, S/o Krishnagopal Bhowmik, Resident of Village-Harinmura, Purba Naichara, P.S.-Ambassa, District-Dhalai, Pin-799289(Absconding)

---- Proforma Respondents For Petitioner(s) : Mr. Paramartha Datta, Adv.

For Respondent(s) : Mr. Sankar Lodh, Adv.

Date of hearing : 13.02.2026 Date of delivery of Judgment & Order : 16.02.2026 Whether fit for reporting : YES HON’BLE MR. JUSTICE BISWAJIT PALIT Judgment & Order(Oral)

Heard Learned standing Counsel, Mr. Paramartha Datta representing the petitioner-Union of India and also heard Learned Counsel, Mr. Sankar Lodh representing the respondents.

2. This criminal revision petition is filed challenging the order dated 19.05.2025 passed by Learned Special Judge (Court No.2), West Tripura, Agartala in connection with Special(NDPS)/57/2025 arising out of departmental case No.07/CL/NDPS/DRI/AGT/2024-25. By the said order, Learned Trial Court has released the seized vehicle bearing No.TR01-BP- 0663(Maruti WagonR) on bail in favour of the respondent No.1- registered owner who is also the prime accused of this case to his wife.

3. At the time of hearing, Learned Counsel for the petitioner has drawn the attention of this Court that the respondent No.1 is one of the prime accused of the case bearing No. Special(NDPS)/57/2025 which arose out of departmental case No.07/CL/NDPS/DRI/AGT/2024-25, now pending before the Learned Special Judge (Court No.2), West Tripura, Agartala. The said respondent No.1 was caught in red hand with the offending vehicle on the alleged date and time and accordingly, the respondent No.1 was arrested and the vehicle was seized. Before the Learned Trial Court, a petition was filed by the wife of the said respondent No.1 for release of the vehicle but knowing the fact that the respondent No.1 is the prime accused, the Learned Trial Court has released the said vehicle on bail to the wife of the respondent No.1 based upon the judgment of Hon’ble Supreme Court of Sundarbhai Ambalal Desai Vs. State of Gujarat reported in 2003 SC 638. Learned Standing Counsel further submitted that in this case contraband items of commercial quantity was recovered from the accused and there was no scope on the part of the Learned Trial Court to release the vehicle on bail but since the Learned Trial Court has released the vehicle on bail, so, being aggrieved with the said order the Union of India has preferred this revision petition before this Court.

In support of his contention, Learned Counsel relied upon one judgment of Hon’ble Supreme Court in Criminal Appeal No.87 of 2025 arising out of Special Leave Petition (Crl.) No.13370 of 2024) [titled as Bishwajit Dey vs. State of Assam] wherein in para Nos.33 and 34, Hon’ble the Apex Court observed as under:

“Broadly speaking there are four scenarios

33. Though seizure of drugs/substances from conveyances can take place in a number of situations, yet broadly speaking there are four scenarios in which the drug or substance is seized from a conveyance. Firstly, where the owner of th