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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)

Page 2 of 13

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.

Page 3 of 13

[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 Section 37 of