Jhutan Nama Vs State Of Tripura

Tripura High Court- Agartala 28 Mar 2024 Bail Application 12 Of 2024 (2024) 03 TP CK 0052
Bench: Single Bench
Result Published
Acts Referenced

Judgement Snapshot

Case Number

Bail Application 12 Of 2024

Hon'ble Bench

Arindam Lodh, J

Advocates

A. Pal, Raju Datta

Final Decision

Dismissed

Acts Referred
  • Code Of Criminal Procedure, 1973 - Section 439
  • Narcotic Drugs And Psychotropic Substances (NDPS) Act, 1985 - Section 20(b)(ii)(C), 25, 29, 37

Judgement Text

Translate:

Arindam Lodh, J

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.

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.

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