Shaila Rani Chakma vs State Of Tripura

Indrajit Mahanty, CJ

Heard learned counsel for the respective parties.

The applicant namely Smt. Shaila Rani Chakma, wife of Sri Naresh Chakma was arrested on 07.06.2022. She was duly produced before the Court of the learned Special Judge (NDPS), Khowai and the police sought remand of the applicant. After the remand period was over, admittedly the applicant is in judicial custody. The applicant had moved for bail before the Court of Special Judge (NDPS), Khowai and the said application came to be rejected on 12.08.2022. Hence, the present appeal.

Mr. Ratan Datta, learned Public Prosecutor submits that on 05.04.2022 the police apprehended a vehicle and conducted search of the same and found 21 Kg dry Ganja in the said vehicle. The driver of the vehicle namely Sri Diva Debbarma accused, it is alleged, has made a statement to the effect that he was also earlier involved in arms smuggling and that the present applicant was involved in the same. Mr. Datta, learned Public Prosecutor also drew the attention of the Court to Para 6 of the remand application which is reproduced hereinbelow:

“That, during investigation it has been revealed that accused person Smt Shailarani Chakma W/o Sri Naresh Chakma is a veteran arms trader in Tripura. She was previously arrested for illegal arms trading. She was arrested on (i) 09.09.2021 in connection with Dharmanagar PS Case No.2021DMN112 dated 09.09.2021 u/s 25(1-A)(1-B)(A) of Arms Act, 1959, (ii) on 23.05.2019 arrested in connection with Ambassa G.R.P.S. case No.02/2019 dated 23.05.2019 u/s 120 IPC and 25(I)(A) of Arms, (iii) 28.11.2015 arrested in connection with East Agartala PS case no.2015EAG171 dated 28.11.2015 u/s 120(B)/34 IPC & 25(1)(IAA) of Arms Act, 1959, (iv) on 13.03.2013 arrested in connection with East Agartala PS case no. 2013EAG035 dated 23.03.2013 u/s 25(i)(a)(1A) of the Arms Act, 1959 and in connection with many other cases which in under collection.”

Relying on the above, the learned Public Prosecutor submitted that the applicant’s background itself would reveal that she is a dangerous person and, therefore, the bail application filed ought to be rejected.

Mr. P.K. Biswas, learned senior counsel appearing on behalf of the applicant, on the other hand submitted that in all the four cases referred to by the learned public prosecutor, bail has been granted to the applicant and the applicant is no way involved in connection with FIR registered vide Champahaur PS Case No.06 of 2022, dated 05.04.2022 u/s 20(A)/20(b)(ii)(c)/25/29/27(A) of NDPS Act. Therefore, the alleged antecedents of the applicant are of no real relevance.

Having heard the learned counsel for the respective parties and perused the documents appended to the application as well as after hearing the learned Public Prosecutor who produced the records of investigation, it is clear therefrom that Sri Diva Debbarma, the alleged driver of the vehicle in which 21 Kg dry Ganja was seized in his 161 statement has, in fact, narrated certain transactions in arms which the present applicant being involved in. However, admittedly no arm was recovered in course of the search and seizure carried out on the vehicle concerned on the date of seizure. In other words, the only recovery made from the vehicle was 21 Kg dry Ganja. Therefore, it is clear therefrom that the prosecution, as on date, has no information regarding the alleged involvement of the applicant with the recovery of narcotics from the vehicle in question.

In view of such fact, this Court satisfied that no case under the NDPS Act has been made out against the applicant. Hence, bail is granted to the applicant on terms and conditions that may be fixed by the learned Special Judge (NDPS), Khowai. The applicant is directed to cooperate both with the investigation as well as the trial in the matter.

With the aforesaid direction, the bail application stands disposed of.