Advocates:
['Mr S DEBNATH', 'Mr S LODH', '', 'ARINDAM BHATTACHARJEE']

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HIGH COURT OF TRIPURA

_A_G_A_R_T_A_L_A_

Crl. A. No.12 of 2022

Connected with

Crl. L.P.No.05 of 2022

The State of Tripura

.....Appellant(s)

VERSUS

Sri Kamal Das and Another

.....Accused-Respondent(s)

For Appellant(s)

:

Mr. S. Debnath, Addl. P.P.

For Respondent(s) :

Mr. S. Lodh, Advocate.

HON’BLE MR. JUSTICE T. AMARNATH GOUD

_O_ R_ D_ E_ R_

16/08/2022

Heard Mr. S. Debnath, learned Additional P.P. appearing for the

appellant-State of Tripura. Also heard Mr. S. Lodh, learned counsel appearing

for the respondents.

[2]

This appeal has been filed under Section-378(1)(b) of the Code of

Criminal Procedure, 1973, against the impugned judgment and order of

acquittal dated 15.03.2021, passed by the learned Special Judge, Court No.2,

Gomati Judicial District, Udaipur, in connection with case No. SPECIAL (02)

NDPS of 2016, whereby and whereunder, the learned Special Court has

acquitted the accused persons from the premise of the charge under Sections-

21(c) of NDPS Act, 1985.

[3]

This Criminal Case has been initiated on the basis of a written

complaint filed by the complainant namely Chitta Ranjan Das, SI of police, the

O/C of Bagma Outpost after alleging inter alia to the fact that on 07-05-2016 at

about 1810 hours while he was performing vehicle checking duty in front of

Bagma Outpost that time on the basis of a secret information they had detained

the vehicle bearing No. TR-03-G-0349 (Maruti A-Star Car) at around 1820

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hours driven by one person namely Sri Kamal Das and another person namely

Shri Premtosh Nag. After searching the vehicle they found some cartons and

sacks duly packed with cough syrup in total 1798 Nos. out of which 200 Nos.

of bottles contained Chlorpheniramine Maleate and Codeine phosphate (Cough

Syrup) Corex, each contained 100 ml bearing Batch No. 520-134 OCB, 800

Nos. of bottles contained Chlorpheniramine Maleate and Codeine phosphote

Cough Syrup (Corex), each contained 100 ml bearing Batch No. 620- 130100,

450 Nos. bottles contained Chlorpheniramine Maleate and Codeine phosphate

Cough Syrup (Corex), each contained 100 ml bearing Batch No. 620-130090,

298 Nos. of bottles contained Chlorpheniramine Maleate and Codeine

phosphate Cough Syrup (Corex), each contained 100 ml bearing Batch No.

PHB 6027 and 50 Nos. bottles contained Chlorpheniramine Maleate and

Codeine phosphate Cough Syrup (Corex), each contained 100 ml bearing Batch

No. PHB 6026. On being asked the driver and another person failed to show

any legal document in respect of those cough syrup and then the complainant

seized those 1798 bottles of cough syrup, the vehicle bearing Registration No.

TR-03-G-0349 and 03 Nos. of mobile phone by preparing seizure memos. The

complainant also prepared the inventory of the seized narcotic articles as well

as memorandum reflecting all the process of seizure. Subsequently, the driver

namely Kamal Das and another person namely Premtosh Nag were taken to the

PS and handed over to the In-charge of R.K. Pur PS along with all seized

articles. Hence, this case.

[4]

The In-charge O/C of R.K. Pur PS, Gomati received the

complaint on 08-05-2016 and registered a case vide R.K. Pur PS Case No.

2016 RKP 055 dated 08-05-2016 under Section 21 of the NDPS Act, 1985 and

endorsed the case for its investigation to the SI of Police namely Bikash

Debbarma.

[5]

The IO during investigation arrested the FIR named accused

persons namely Pemtosh Nag and Kamal Das and forwarded them to the Court.

On 08-05-2016 the IO visited the P.O. by preparing hand sketch map with

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separate index and examined witnesses by recording their statements under

Section 161 of Cr.P.C. On 17-05-2016 the IO prepared the inventory for

certification by the learned Judicial Magistrate First Class, Udaipur, Gomati

Judicial District along with the photographs of seized cough syrup. On 03-07-