Advocates:
['Mr S LODH', '', 'Mr D DATTA', 'PP']

Page 1 of 8

B.A No.85 of 2021

HIGH COURT OF TRIPURA

AGARTALA

B.A No.85 of 2021

Abdul Gafur Choudhury, son of late Billal Miah choudhury, of

Sonamura Chowmuhani, P.S-R. K. Pur, Gomati, Tripura.

…………… Petitioner(s).

For and on behalf of :

Rakesh Hossen Chowdhury, son of Abdul Gafur Choudhury, of

Sonamura Chowmuhani, P.S-R. K. Pur, Gomati, Tripura.

…………… Accused.

Vs.

The State of Tripura.

…………… Respondent(s).

For Petitioner(s) :

Mr. Sankar Lodh, Advocate.

Mr. Debashis Datta, Advocate.

For Respondent(s):

Mr. Ratan Datta, Public Prosecutor.

THE HON’BLE MR. JUSTICE S. G. CHATTOPADHYAY

O R D E R

26/11/2021

This is an application under Section 439 of the Code of

Criminal Procedure, 1973 (Cr.P.C hereunder) for granting bail to

Rakesh Hossen Chowdhury who is an accused in R. K. Pur P.S

Case No.99 of 2021 which has been registered for offence

punishable under Sections 21(b), 22(a), 25, 27A, 29 and 32 of the

Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act

hereunder). Police arrested the accused on 16.10.2021. He has

been undergoing imprisonment since then. His father, Abdul Gafur

Choudhury has filed this bail application on behalf of his son along

with an affidavit sworn by him before the Commissioner of

Affidavit, High Court of Tripura on 12.11.2021.

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B.A No.85 of 2021

[2]

Mr. Sankar Lodh and Mr. Debasish Datta, learned

advocates have appeared for the petitioner and Mr. Ratan Datta,

learned Public Prosecutor has appeared for the State respondent.

[3]

The factual context of the case is an under:

Sri Debabrata Biswas, Sub-Inspector of Police of R.K.Pur

Police Station lodged a suo motu complaint with the Officer–in-

Charge of R.K.Pur Police Station alleging, inter alia, that on the

basis of an information received from a reliable source, police raided

the house of the accused namely Taher Miah Chowdhury on

19.06.2021 at around 2.15 p.m. and recovered 0.460 gram Heroin

and SPASMO PROXYVON PLUS capsule weighing 16.17 gms. from

his dwelling house in presence of his wife. The said contraband was

found in the drawer of an Almirah in his dwelling hut. As per the FIR

statement, all statutory formalities were observed before conducting

raid in the house of the said accused. Written consent of his wife

was also procured for carrying out the search and the entire search

operation was conducted in presence of woman members of police.

It has been alleged in the FIR that the accused Taher Miah stored

the contraband in his house for selling the same to consumers.

During raid, 7 of such consumers were found present in the house

of the accused who came to buy the contraband from him. All of

them were arrested at the spot.

[4]

Based on the said FIR, R.K.Pur P.S Case No.99 of 2021

under Sections 21(b), 22(a), 25, 27A, 29 and 32 NDPS Act was

registered and investigation of the case was taken up. In the course

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B.A No.85 of 2021

of investigation present accused, as stated, was arrested on

16.10.2021.

[5]

After his arrest accused filed bail application before the

trial court which was rejected by the learned Special Judge, Gomati

Judicial District Udaipur by his order dated 11.11.2021 on the

ground that the accused was one of the key financers of

psychotropic substances in his area for financial gain.

[6]

Appearing for the accused Mr. Lodh, learned counsel

submits that by this time charge sheet has been submitted against

the petitioner and eight other accused for offence punishable under

Sections 21(b), 22(a),25, 27A, 29 and 32 NDPS Act . All accused

including the principal accused from whose dwelling house the

contraband was seized have been bailed out. Counsel submits that

since the investigation is over and there is no need of custodial

interrogation of the petitioner, bail may be granted to him. It is

contended by learned counsel of the petitio