BIJOY KR. LABOR Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This is an application filed under Sec. 37 of the NDPS Act read with Sec. 439 Cr.P.C. for granting bail to the accused persons, namely, Bijoy Kumar Labor and Md. Iddrish Ali, who had been arrested on 22/1/2024 for allegedly committing offences punishable under Ss. 8(c)/20(b)(ii) C/25/29/32 of the NDPS Act, 1985. The accused persons had been in custody for 60 days.

(2.) Shortly stated, the accused persons were driving a 10-wheeler container truck as driver and co-driver. The said container truck was originated from Udaipur, Gomati District, Tripura and was moving towards Assam. On the basis of a secret information, the vehicle was stopped at Churaibari Gate and was checked by the police personnel. There were many packets of various types of articles, and while checking 10 packets were found to be carrying contraband articles. The weight was taken and it was found that those packets were carrying 71.95 kgs. of dry ganjas (cannabis). On such recovery of contraband articles, police arrested both the accused persons and seized those 10 packets containing dry ganjas. The accused persons had moved the jurisdictional Special Judge (NDPS) under Sec. 437 Cr.P.C. for releasing them on bail, but, such applications were refused. Thereafter, the accused persons had approached this court with the instant bail application.

(3.) With the aforesaid background of facts, I have heard Mr. Deba Sarmah, learned counsel for the accused persons and Mr. Raju Datta, learned PP appearing on behalf of the State-respondent.