Bijoy Acharje vs State Of Tripura

Heard Mr. J. Bhattacharjee, learned counsel appearing for the petitioner as well as Mr. R. Datta, learned P.P. appearing for the State-respondent.

This is an application filed under Section 439 of CrPC for granting bail of accused Laxman Das in connection with A.D.Nagar PS Case No.2016/AND/0050, under Sections 20(B)(2)(C)/25/29 of the NDPS ACT.

Mr. Bhattacharjee, learned counsel appearing for the accused submits that accused Laxman Das had moved an application before this Court for granting him anticipatory bail. This Court while rejecting the anticipatory bail application directed him to surrender before the appropriate Court. Accordingly, the accused Laxman Das had surrendered before the designated learned Special Judge. Bail was rejected and he was taken into jail custody.

Thereafter the present bail application has been filed before this Court. This Court has permitted the investigating officer to interrogate the accused person as urged by learned Public Prosecutor. Today, interrogation report has been submitted by the learned P.P. before this Court. Learned P.P. has also submitted the copy of the police report along with a prayer for custody trial of the accused Laxman Das.

I have meticulously gone through the police report as well as the interrogation report of the accused person. From the supplementary charge-sheet that has been submitted by the I.O. in connection with this case, it has been revealed that one Sanjib Bahadur Sonar being the driver of the offending vehicle bearing No. NL-01-L-3229 (Truck) was arrested on 01.11.2016 for loading contraband goods in the said vehicle. In the Charge-sheet it is clearly written that at the time of arrest of Sanjib Bahadur Sonar he did not disclose the names of any accused. The vehicle was in the name of one Rakhi Das and after seizure of her vehicle she appeared before the I.O. and disclosed that she was the registered owner of the vehicle and had no knowledge of such carrying of contraband goods by her vehicle. Accordingly, the vehicle was released on bail.

I find from the charge-sheet that suddenly the present I.O. had served a notice under Section 67 of the NDPS Act upon the accused person on 08.07.2019, though, the date in the charge-sheet is mentioned as 08.07.2020. Learned P.P. has clarified that it should be 08.07.2019 and there might have been some clerical or typographical error.

From the charge-sheet also, I find that some cryptic allegations have been made against the accused person, Laxman Das. The I.O. has stated that the accused person did not disclose the nature and character of his business. However, I find from the interrogation report itself that the accused person has clearly stated that he runs the business of purchasing second hand vehicles from other States and sell it to the State of Tripura. He has also been involved in the business of carrying coal from other neighbouring States. So, the statement which has been made by the I.O. that the accused did not disclose the nature of his business is also found to be not correct.

In my opinion, this is not a fit case to try the accused person keeping him in custody and thus, the instant bail application is allowed.

Accordingly, accused Laxman Das shall be released on bail by furnishing a bond of `1,00,000/- (Rupees one lakh) with two sureties of like amount to the satisfaction of the learned Special Judge, (NDPS), Court No.2 , Agartala, West Tripura.

Learned P.P. has submitted that the main accused in the instant case has jumped out the benefit of bail and for this reason, the accused person is directed to appear in the Police Station once in a week and shall not leave the jurisdiction of the concerned Court without his prior permission.

With the aforesaid direction and observation, the bail application stands disposed.