HIGH COURT OF TRIPURA
AGARTALA
BA 12 OF 2024
Jhutan Nama
…Applicant
On behalf of the accused person in custody
namely,
Bishnu Nama.
Vrs.
The State of Tripura
..Respondent
Present:
For the applicant(s) : Ms. A. Pal, Advocate.
For the respondent(s) : Mr. Raju Datta, P.P.
HON’BLE MR.JUSTICE ARINDAM LODH
28.03.2024
Order
Heard Ms. A. Pal, learned counsel appearing for the applicant.
Also heard Mr. Raju Datta, learned P.P. appearing for the respondent-State.
This is an application filed by the applicant under Section 439 of
CrPC read with Section 37 of the NDPS Act for granting bail to the accused
person namely, Bishnu Nama who has been arrested in connection with
Kalamchaura P.S. Case No.2023/KLC/082 (NDPS) registered under Sections
20(b)(ii)(c)/25/29 of the NDPS Act.
Ms. Pal, learned counsel appearing for the applicant has
submitted that there is gross violation of the procedure in the arrest of the
accused person which is a good ground for granting bail to the accused person.
Another ground she has raised that the accused person has been in custody for
more than 217 days and charge-sheet has already been filed.
Mr. Raju Datta, learned Public Prosecutor has submitted that the
accused person had been arrested for trading of more than commercial
quantity of contraband articles and he is a habitual offender and carrier of
drugs and thus he prayed that the bail application may not be considered at
this stage.
2
Keeping in mind the principles of granting bail under Section 37
of NDPS Act, this court is not inclined to grant bail to the accused person at
this stage.
Accordingly, the bail application stands rejected and disposed.
JUDGE
SAIKAT KAR Digitally signed by SAIKAT KAR
Date: 2024.03.28 18:07:50 +05'30'
sanjay