##PAGE1##

TRHC010008762025 ( 2026:THC:1419-DB )

HIGH COURT OF TRIPURA AGARTALA Crl. A(J) 43 of 2025 Shri Dharjya Kumar Jamatia Son of Shri Jatindra Mohan Jamatia, Of Tutabari, Garjanmura, P.S. Kakraban, District- Gomati, Tripura.

……Appellant(s)

Versus State of Tripura .......Respondent(s)

For the Appellant(s) : Ms. Ayesha Saha Hirawat, Legal Aid Counsel.

For the Respondent(s) : Mr. Raju Datta, PP Mr. S. Saha, Addl. P.P.

Date of hearing : 07.10.2026. Date of delivery of judgment & order : 13.10.2026.

Whether fit for reporting : Yes HON’BLE JUSTICE DR. T. AMARNATH GOUD HON’BLE MR. JUSTICE BISWAJIT PALIT J U D G M E N T & O R D E R [Dr. T. Amarnath Goud, J]

[1] Heard Ms. A.S. Hirawat, learned Legal Aid Counsel appearing for the appellant. Also heard Mr. S. Saha, learned Addl. P.P. representing the State. [2] This present appeal is filed under Section 374 of the Code of Criminal Procedure, 1973 against the judgment & order of conviction and sentence dated 12/09/2024, passed by the learned Special Judge (NDPS), North Tripura, Dharmanagar, in case no. Special (NDPS) 30 of 2021, convicting the appellant for commission of offence punishable u/s 20(b)(ii)(c) of NDPS Act to suffer rigorous imprisonment for 10(ten years) along with a fine of Rs. 1,00,000/- (one lakh) and in default of payment, to suffer imprisonment for a further period of 3(three) months.

[3] The prosecution story, in brief, is that on 06.09.2021 at about 09- 15AM, an ASI Ajit Das, and another ASI Rajesh Bhattacharjee along with other staff of Churaibari PS were performing vehicle checking duty in front of CRB PS on the National Highway. In course of vehicle checking, ASI Rajesh Bhattacharjee gave signal to the driver of a 14 wheeler truck bearing No. PB 19-M-9376 to stop the vehicle. The present appellant, Dharjya Kumar Jamatia and one Dalveer Singh were the drivers of that vehicle and they informed that they were carrying goods in the vehicle. However, the team of police personnel suspected that both the drivers were carrying some contraband articles in the truck and on being interrogated, both stated that they were carrying dry ganja in that vehicle. Thereafter, ASI Rajesh Bhattacharjee immediately communicated the information to the duty officer at Churaibari PS and it was entered in the GD and subsequently, the SP, North Tripura and SDPO, Dharmanagar were informed.

[4] Upon receipt of such information, an SI Haradhan Bose along with SI Ajit Kanti Chakma along with a team of police personnel left the PS to verify the information. They reached at the spot and after sometime, SDPO, Dharmanagar also came there and gave authorization to ASI Rajesh Bhattacharjee and constable Jewel Deb to search the body of both the drivers and after the search a pre-search memo was prepared. The vehicle was searched and in course of that search, 89 packets of dry ganja were recovered from the vehicle and the total weight of the ganja was found 987 Kgs and the same was seized along with the vehicle and other articles in presence of witnesses. Thereafter, the said Dharjya Kr Jamatia, appellant herein and Dalveer Singh along with helper of the vehicle were detained and were brought to the CRB PS.

[5] Thereafter, the said SI Haradhan Bose in that respect lodged an ejahar with O/C of the PS and based on it CRB PS Case No.24 of 2021 was registered and SI Ajit Kanti Chakma was endorsed to do the investigation.

[6] The Investigating Officer (IO), on completion of investigation, submitted charge-sheet against accused persons namely Dharjya Kr. Jamatia, Dalveer Singh and Tanu Debbarma under Section 20(c) and 29 of the NDPS Act. Thereafter, charge-sheet was filed before the Court below and cognizance of offence was taken. During the proceeding, prosecution papers were supplied to the accused persons. Both sides were heard on framing of charge and on finding prima facie material under section 20(c) of the NDPS Act, charge was framed against the accused persons namely Dharjya Kr. Jamatia