TAPASH SARKAR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Apprehending arrest in Belonia P.S. case No. 2021/BLN/011 which has been registered under Sections 22(b), 25, 27(a) and Section 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act, for short) the FIR named accused Tapash Sarkar @ Rakesh has approached this court by filing an application under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C, hereunder) for granting pre-arrest bail to him.

(2.) On the factual score, 11.52 grams of heroin contained in 455 plastic containers was recovered and seized by police from the dwelling house of the accused on 14.02.2021 and his father Dipak Sarkar and younger brother Ranjit Sarkar were arrested at the spot.

(3.) The case of the prosecution, as projected in the FIR, is that pursuant to a secret information police conducted raid in the house of the accused in the afternoon at about 4.25 p.m of the said date and recovered the said contraband from the backyard of the house of the accused in presence of his father and younger brother and after recovery and seizure of the said contraband from there, both of them were arrested by police. The present accused, who is also an inmate of the house, managed to escape police arrest by absconding from his house. It was also stated in the FIR that police complied with the statutory provisions laid down under Sections 42 and 50 of the NDPS Act before the said search and seizure were carried out in the dwelling house of the accused and the arrest of his father and younger brother was made.