HIGH COURT OF TRIPURA A G A R T A L A B.A. No.10 of 2026 &

B.A. No.22 of 2026 In B.A. No.10 of 2026 Smt. Rupam Debbarma wife of Sri Atul Debbarma, aged about 38 years, resident of Nailabari, P.S. Champahour, District- Khowai Tripura ……… Applicant(s)

On behalf of:

Sri Atul Debbarma son of Sri Aditya Debbarma, aged about 34 years, resident of Nailabari, P.S. Champahour, District- Khowai Tripura …… Accused person(s)

By Advocate:

Mr. S. Lodh, Advocate – V e r s u s –

The State of Tripura By Advocate:

Mr. R. Datta, PP In B.A. No.22 of 2026 Smt. Gita Rani Singh wife of late Prafulla Chandra Singh, resident of Paharmura, Bazartilla, P.S. Khowai, District- Khowai Tripura ……… Applicant(s)

On behalf of:

Sri Pratap Chandra Singh son of Sri Pradip Chandra Singh, resident of Paharmura, Bazartilla, P.S. Khowai, District-

Khowai Tripura …… Accused person(s)

By Advocate:

Mr. A. Acharjee, Advocate – V e r s u s –

The State of Tripura By Advocate:

Mr. R. Datta, PP …… Respondent(s)

Date of hearing : 06.02.2026 Date of delivery of judgment and order : 09.03.2026 Whether fit for reporting : Yes No ✔

S. DATTA PURKAYASTHA HON’BLE MR. JUSTICE JUDGMENT & ORDER Both the bail applications are heard together and are being disposed of by this common order, as same have arisen out of a single police case.

[2] On 12.07.2025, S.I. Francis Halam lodged one FIR at Khowai Police Station stating that based on a secret information that a drug deal was about to take place in the house of one Sri Pradip Chandra Singha at Paharmura, Bazartilla, he noted the information in writing in the GD book and took authorization from the O/C, Khowai P.S. to conduct raid and search. Thereafter, he accompanied with other police personnel raided the house of said Pradip Chandra Singha and found the main door of the house was open and total four persons including one woman were sitting on the floor, counting money and packing suspected heroin. Those persons disclosed the name of the house owner to be said Pradip Chandra Singha who somehow fled away from the spot. The informant thereafter detained his son Pratap Chandra Singha (one of the present petitioners), wife Smt. Anjana Das Singha and another person, namely Atul Debbarma (one of the present petitioners). The informant called one independent witness there. Meanwhile, Executive Magistrate and SDPO, Khowai also arrived at the spot and on search, they recovered total 9.20 grams of suspected heroin kept in one pouch and in some vials. They also recovered Rs.10,385/- of Indian currency note kept on the floor of that hut. He seized those items by preparing a seizure list, arrested accused persons and then lodged the FIR.

[3] The FIR was registered as Khowai P.S. case No.33/2025 under Sections 21(b)/25/27-A/29 of Narcotic Drugs and Psychotropic Substances Act [for short, the NDPS Act]

[4] The police authority carried out the investigation and finally, the Investigating Officer, namely S.I. Sri Ranjit Sarkar laid the charge-sheet against all of them including one Bhuban Sarkar under Sections 21(b)/25/27- A/29 of the NDPS Act and also simultaneously prayed for custody trial of all the accused persons.

[5] Both the accused persons are in custody since their arrest on 12.07.2025 and their production before the learned Court on 13.07.2025. The charges in this case are already framed by the learned Special Judge, Khowai, Tripura under Sections 21(b)/25/27-A/29 of the NDPS Act and out of total 22 numbers of cited witnesses, the prosecution already examined 15 witnesses.

[6] Both Mr. S. Lodh, learned counsel appearing for the accused person in B.A. No.10 of 2026 and Mr. A. Acharjee, learned counsel appearing for the accused person in B.A. No.22 of 2026 submit that there is no material available in the record to attract Section 27-A of the NDPS Act and even the witnesses already examined have also not disclosed anything as such to attract Section 27-A of the NDPS Act. According to them, when there is no material to attract Section 27-A of the NDPS Act, rigour of