Advocates:
['J BHATTACHARJEE', '', 'Mr S GHOSH', 'PP']

HIGH COURT OF TRIPURA

AGARTALA

A.B No. 39 of 2021

Sri Suman Rudra Paul

…………… Petitioner(s).

Vs.

The State of Tripura.

…………… Respondent(s).

For Petitioner(s)

:

Mr. J. Bhattacharjee, Adv.

For Respondent(s)

:

Mr. R. Datta, P.P.

HON’BLE MR. JUSTICE S.G. CHATTOPADHYAY

Order

07/07/2021

[1]

This application under section 438 of the Code of

Criminal Procedure (Cr.P.C hereunder), 1973 has been filed by the

petitioner for granting pre arrest bail to him in Bishalgarh PS case No.

2021/BLG/006 registered under sections 20(b)(ii)(C) read with sections

25, 29 and 32 of the Narcotic Drugs and Psychotropic Substances Act,

1985 (NDPS Act for short).

[2]

The case as put forth by the prosecution, briefly stated,

is as under:

Sri Sanjoy Majumder, Sub Inspector of police of

Bishalgarh police station received an information from the secret source

of police on 03.02.2021 at 11.05 hours that the petitioner along with

the other FIR named accused of this case was processing and packing

Page 2 of 11

dried ganja in an area covered by a jungle at Chelikhala, Bishalgarh for

the purpose of smuggling of the said contraband to Bangladash. The

information was recorded in the general diary of the police station vide

Bishalgarh PS GDE No. 015 dated 03.02.2021. Thereafter, the said

police officer sent the information to the jurisdictional Superintendent of

police and the Additional Superintendent of police as well as Sub-

Divisional police officer and sought for their permission to carry out

search and seizure at Chelikhala, Paul Para where the alleged activities

of processing and packing of dried ganja were being carried out by the

petitioner and his associates. In response, the Superintendent of police

instructed the officer in charge of Bishalgarh police station to take

appropriate action to book the offenders. The same was also recorded

in the general diary of police station vide GD entry No. 016 dated

03.02.2021. Thereafter, vide GD entry No. 017 dated 03.02.2021,

Debasish Saha, officer in charge of Bishalgarh police station along with

said Sanjoy Majumder, Sub-Inspector of police and Bijoy Das and Raju

Bhowmik, both Sub-Inspectors and other police staff left the police

station for the place of occurrence. Having arrived at Chelikhala, Paul

para, the said police team cordoned the area and detained two accused

namely, Manik Rudra Paul and Biswajit Rudra Paul who were found

processing and packing dried ganja by setting up a unit for this purpose

in the said jungle. Seeing police, the present accused fled leaving his

motor bike at the spot. The police team recovered and seized huge

Page 3 of 11

quantity of packed and unpacked dried ganja weighing 200.26 Kgs, the

tools and machines of the ganja processing unit setup by the accused

persons, three motor bikes and the mobile phone of one of the accused

persons. On interrogation of the arrested accused persons, police came

to know that they along with present petitioner Suman Rudra Paul were

engaged in smuggling out dried ganja across the border to Bangladesh.

The arrested accused persons were then brought to the police station

along with the seized contraband, the motor bikes and the tools and

machineries of their ganja processing unit.

[3]

Said Sanjoy Majumder, Sub-Inspector of police lodged

a suo-motu FIR against the petitioner and the two arrested accused

which has been registered as Bishalgarh PS case No. 2021/BLG/006

under sections 20(b)(ii)(C) read with sections 25, 29 and 32 of the

NDPS Act. The other two accused persons who were arrested at the

spot are still in custody. Present petitioner also filed similar application

before the Special Judge at Bishalgarh in Sepahijala Judicial District

seeking pre arrest bail under section 438, Cr.P.C. The learned Special

Judge turned down the said application by a detailed order after hearing

the counsel representing the parties.

[4]

Heard Mr. J. Bhat