HIGH COURT OF TRIPURA
AGARTALA
BA 14 OF 2024
Abdul Rashid
…Applicant
On behalf of the accused persons in custody
namely,
1. Sri Abdul Razzak,
2. Sri Jamal Hossain,
3. Sri Dulal Miah,
4. Sri Abdul Hossain
Vrs.
The State of Tripura
..Respondent
Present:
For the applicant(s) : Mr. A. Basak, Advocate.
For the respondent(s) : Mr. Raju Datta, P.P.
HON’BLE MR.JUSTICE ARINDAM LODH
28.03.2024
Order
Heard Mr. A. Basak, 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 for granting bail to the accused persons namely, Sri Abdul Razzak, Sri
Jamal Hossain, Sri Dulal Miah and Sri Abdul Hossain who have been arrested
in connection with Radha Kishore Pur P.S. Case No.04 of 2024 (Special
NDPS 3 of 2024), registered under Sections 21(b)/25/29 of the NDPS Act.
Mr. Basak, learned counsel appearing for the applicant submits
that in the present case the accused persons are to some extent suffering from
addiction. They were not involved in trading of any contraband articles. Only
they went to the house of one Rupan Miah, the principal accused for their own
consumption of contraband articles which were very small quantity in nature.
However, learned counsel appearing for the applicant further submits that the
accused persons have realized their mistakes and they have been properly
rehabilitated in the Rehabilitation Centre as per direction of this Court.
2
On the other hand, Mr. Datta, learned P.P. has submitted that
though the accused persons appeared to be not directly involved in trading of
contraband articles but, prima facie it is found that they were consuming the
drugs in the house of the principal accused. Therefore, the bail application
filed by the applicant on behalf of the accused persons, at this stage, may not
be considered.
I have considered the submissions of learned counsel appearing
for the parties. Keeping in mind the conditionalities of granting bail under
Section 37 of the NDPS Act, I find that it is not clear from the record that the
accused persons were involved in trading of any contraband articles and prima
facie it is found that they were just consuming the drugs in the house of the
principal accused, in my conscious consideration, they may not be guilty of
committing heinous crime of drug peddling/smuggling. Furthermore, they
were sent to re-habilitation centre considering their age and now they have
learnt and understood the result of consuming drugs. In such circumstances,
they may be released on bail since there is no chance of tempering the
evidence and evading the trial.
Accordingly, the accused persons namely Sri Abdul Razzak, Sri
Jamal Hossain, Sri Dulal Miah and Sri Abdul Hossain shall be released on
bail on furnishing a bail bond of Rs.50,000/- (Rupees fifty thousand) with one
surety of like amount each to the satisfaction of learned Special Judge, Gomati
Tripura, Udaipur.
With the aforesaid directions and observations, the instant bail
application stands allowed and disposed of.
JUDGE
SAI KAT KAR Digitally signed by SAIKAT KAR
Date: 2024.03.28 18:08:41 +05'30'
sanjay