STATE OF TRIPURA Vs. UTTAM DATTA

JUDGEMENT

(1.) Learned P.P., Mr. Raju Datta is present for the applicant. Today also no step was taken by the respondent-accused or none appeared on behalf of the said respondent-accused.

(2.) The applicant has filed this application under Sec. 439(2) read with Sec. 482 of Cr.P.C. for cancellation of the bail granted to the accused by the Learned Special Judge, Sonamura, Sepahijala District in connection with Case No.Spl. (NDPS) 85 of 2023 dtd. 29/1/2024 under Sec. 20(a)(i)/20(b)(ii)(c)/25/29 of the NDPS Act.

(3.) Taking part in the hearing, Learned P.P. drawn the attention of the Court that by order dtd. 29/1/2024 the respondent-accused was granted bail by Learned Special Judge, Sonamura, Sepahijala District without assigning any valid reason. He further drawn the attention of the Court that in this case by order dtd. 16/11/2023, Learned Special Judge took cognizance of offence under Sec. 20(a)(i)/20(b)(ii)(c)/25/29 of the NDPS Act and during the stage of trial, after recording evidence of only 01 no. of witness, Learned Special Judge allowed the bail to the accused by the said order. It was further submitted that in this case, I.O. cited 14 nos. of witnesses but only after recording evidence of 01 no. of witness Learned Special Judge granted bail which was totally not warranted by law and beyond the spirit of the provision of Sec. 37 of the NDPS Act and also contrary to the principles of the law laid down by the Hon'ble Apex Court in series of judgments. Learned P.P. further referred the initial FIR dtd. 7/7/2023 on the basis of which this case was registered.