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HIGH COURT OF TRIPURA

AGARTALA

BA No.42/2020

Smt. Rasmita Dey, wife of Shri Balaram Dey, village: Ratiabari,

PS : Kumarghat, Dist: Unakoti, Tripura

.....................Applicant

On behalf of Shri Balaram Dey, son of late Dulal Dey, village:

Sukanta Nagar, PS: Kumarghat, Unakoti Tripura

.......................Accused

Versus

The State of Tripura

..............Respondent

B_E_F_O_R_E

HON’BLE MR. JUSTICE S.G CHATTOPADHYAY

For the Applicant(s)

: Mr. A. Bhowmik, Advocate.

For the Respondent(s)

: Mr. R. Datta, PP.

Date of Hearing

: 01.05.2020

Date of Order

: 01.05.2020

Order

[1]

This is an application filed under Section 439 of the

Code of Criminal Procedure, 1973, for grant of bail to accused

Balaram Dey who has been arrested on 07.04.2020 in

connection with Pecharthal Police Station case No.2020 PTL 010

for allegedly committing offence punishable under Sections

22(b) and 29 of the Narcotic Drugs and Psychotropic Substances

Act, 1985, herein after referred to as the ’NDPS Act'.

[2]

Smt. Rasmita Dey, wife of the accused, has filed this

application seeking release of her husband on bail and in her

affidavit annexed to the application, she has stated that no

other application for bail in relation to the same matter stands

filed in the High Court or in the Supreme Court.

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[3]

The material facts, relevant for disposal of the

matter, briefly stated, are as follows:

On 07.04.2020, following a secret information, police

intercepted the vehicle bearing registration No. NL 01 Q 9390

on the National High Way in front of the Pecharthal Police

Station and after carrying out a search operation inside the

vehicle, recovered a plastic carry bag containing 1000 (One

thousand) Yaba tablets and 51.260 gram Heroine from the

possession of the accused who was found travelling in the

vehicle along with accused driver Md. Jakir Ahamed from

Karimganj in Assam to Kumarghat in Tripura. The contraband

drug was found concealed in the cabin of the vehicle. On

interrogation, none of the accused could offer any explanation in

their defence. Therefore, police seized the contraband drug in

presence of the accused and witnesses and arrested both of the

accused and brought them to police station. On the following

day both of the accused were produced before the learned

Special Judge at Kailashahar in Unakoti Judicial District and

since then they are in custody.

[4]

Mr. Arijit Bhaumik, learned counsel appearing for

accused Balaram Dey has made the following submissions:

(i) Accused is innocent and he has been falsely

implicated in the case.

(ii) Accused is a motor mechanic and he had gone to

Karimganj in Assam on 06.04.2020 i.e the day before

the occurrence for some mechanical work and he

stayed there in the house of one Chanchal Ali on

06.04.2020. As a result of the ban on public

transport due to the ongoing lock down, he boarded

the vehicle of the accused driver Md. Jakir Ahamed

on 07.04.2020 for returning his home at Kumarghat.

(iii) Accused Md. Jakir Ahamed was the driver of the

vehicle and as such the present accused namely,

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Balaram Dey did not have any knowledge that there

was contraband in the cabin of the vehicle.

(iv) The entire exercise of search and seizure was

carried out in contravention of the mandatory

provisions of Section 41(2) of the NDPS Act because

the alleged search operation followed by the arrest of

the

accused

was

made

without

warrant

or

authorization as required under Section 41(1) and

the information allegedly received by police prior to

the arrest and search was not taken down into

writing in terms of Section 41(2) of the NDPS Act.

(v) The case has been registered against the accused

in total disregard of the mandatory provisions of

Section 42(1) and (2) of t