STATE OF TRIPURA Vs. BADAL MIAH

JUDGEMENT

(1.) This is an application under Sec. 483(3) read with Sec. 528 of Bharatiya Nagrik Suraksha Sanhita, 2023 for cancellation of interim bail granted to the respondent-accused namely, Sri Badal Miah vide order dtd. 6/9/2024 in connection with case No.2024 AMT 104 under Sec. 21(b)/22(c)/23/25/27/27(A)/29 of NDPS Act.

(2.) Heard Learned P.P., Mr. Raju Datta appearing on behalf of the State-petitioner and also heard Learned Counsel, Mr. P. Sen Choudhury appearing on behalf of the respondent- accused.

(3.) Taking part in the hearing, Learned P.P. first of all drawn the attention of the Court that on the basis of an FIR laid by one Om Prakash Swami, Assistant Commandant of 42 Bn BSF to O/C Amtali Police Station on 19/8/2024, this present case was registered and in course of investigation, the principal accused, Ibrahim Miah was arrested and taken into custody as a considerable quantum of contraband item of commercial quantity was found under his possession. Thereafter, in course of investigation, the I.O. of this case produced the accused under arrest before the Court of Learned Special Judge, Court No.4, Agartala, West Tripura on 6/9/2024 and on that day the Learned Special Judge without application of proper mind granted interim bail to the said respondent-accused till 30/9/2024 and after that on 30/9/2024 his period of interim bail was further extended till 5/11/2024 and on that day, Learned Special Judge further extended the period of interim bail till 18/12/2024 and on 18/12/2024 Learned Special Judge again extended the period of interim bail till 25/1/2025 with an observation that Sec. 37 of NDPS Act would not attract in this case. Learned P.P. in course of hearing submitted that the Learned Special Judge without application of proper mind misinterpreted and misread the provision of Sec. 37 of NDPS Act and allowed the bail to the respondent-accused which was illegal and unwarranted by law and legally not permissible in the eye of law.