HIGH COURT OF TRIPURA A G A R T A L A B.A. No.137 of 2025 Anawora Begam, W/O Manu Miah, resident of Nabadwipchandranagar, Durgapur, P.O.

Durgapur, P.S. Sonamura, District Sepahijala Tripura.

……… Petitioner(s)

For and on behalf of accused person Papi Akter, W/O Suman Miah, resident of Nabadwipchandranagar, Durgapur, P.O.

Durgapur, P.S. Sonamura, District Sepahijala Tripura ……… Accused Person(s)

– V e r s u s –

The State of Tripura Represented by the Secretary to the Government of Tripura, Home Department, Agartala. ……..Respondent(s)

For the Petitioner(s) : Mr. Kundan Pandey, Advocate.

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

Date of hearing : 2^nd February, 2026.

Date of delivery of Judgment & Order : 16^th March, 2026.

YES NO Whether fit for reporting :

√

S. DATTA PURKAYASTHA HON’BLE MR. JUSTICE JUDGMENT & ORDER This bail application is filed praying for release of accused Papi Akter on regular bail in connection with Sonamura PS case No.97 of 2025 registered under Sections 20 (b)(ii)(B)/25/29 of the NDPS Act.

[2] Prosecution case as canvassed through the FIR submitted by SI Shubhankar Debbarma of Sonamura police station that on 24.11.2025 at around 1900 hours (7.00 pm), he received an information from a reliable source that the present accused, Papi Akter and her husband, Suman Miah stored huge quantity of ganja in their house, by bringing the same by a vehicle bearing No.TR-07-0413 (Maruti Eeco car) which was also available in their house at that time but said contraband item was to be shifted shortly requiring urgent action from the side of police. It was also alleged that both the husband and wife were jointly running the business of illicit drug trafficking.

[3] Accordingly, SI Shubhankar Debbarma along with SI Rakesh Debnath, constable Kamal Hossain, constable Swargamohan Debbarma and woman constable Sangita Das along with Inspector Tapas Das, OC Sonamura police station thereafter proceeded towards that house and reached there at around 2000 hours (8.00 pm). On search conducted in the house, they recovered total 5.985 kg of ganja from their room and the husband of the present accused seeing the police vehicle fled away. They seized said Maruti Eeco vehicle. They also detained Papi Akter and returned to police station taking her with them along with the seized item. On the following day, she was formally shown arrested at around 1005 hours (10.05 am).

[4] Police after registration of the case conducted investigation and finally, laid charge-sheet against said Papi Akter and her husband Suman Miah under Sections 20 (b)(ii)(B)/25/29 of the NDPS Act showing Suman Miah as absconder.

[5] Mr. Kundan Pandey, learned counsel for the petitioner mainly gave stress on his argument referring to Section 46(4) of Cr.P.C. corresponding to Section 43(5) of BNSS that the arrest was completely illegal for violation of said provision inasmuch as it is mandate of the law that no woman shall be arrested after sunset and before sunrise unless exceptional circumstances exist and where such exceptional circumstances exist, the woman police officer shall, by making a written report, obtain the prior permission of the Magistrate of the first class within whose local jurisdiction the offence is committed or her arrest is to be made. Referring to sub-section (1) of Section 43, BNSS, Mr. Pandey, learned counsel also submits that a woman is required to be arrested only by a lady police officer. Mr. Pandey, learned counsel further contends that artificial date and time of arrest were shown in the arrest memo by the arresting officer to save himself from the allegation of violation of Section 43(5) of BNSS and actually when she was taken into custody by the arresting police officer in the night which should be treated as time of arrest. Learned counsel also submits that the petitioner has two minor children who are presently aged about four years and eight years who were living alone in the house in absence of their mother and therefore, bail may be granted to