PARTIMA DEBBARMA Vs. GOUTAM DEBBARMA

JUDGEMENT

(1.) Heard learned counsel of both sides.

(2.) A police case was registered at Kalyanpur police station bearing No. Kalyanpur PS 12 of 2025 based on an FIR lodged by SI Dibyajyoti Majumder that during vehicle checking, he stopped one vehicle bearing No.TR 01 CC 0276 (EECO) and found seven persons were sitting there and on search, he recovered from Abdesh Kumar Mandal 4 (four) packets of suspected ganja wrapped with brown colour cello tape, total weight of which was 8 Kg. Similarly from another passenger namely, Sambhu Kumar Mandal recovered total 6 Kg of ganja kept in 6 (six) numbers of packets wrapped similarly with such brown colour cello tape. From another passenger namely, Mantu Mandal, he further recovered 6 Kg of such suspected ganja kept in 6 (six) numbers of such packets wrapped with brown colour cello tape. The investigation finally ended in submission of charge-sheet under Sec. 20(b)(ii)(C)/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short NDPS Act) against six accused persons and under Sec. 20 (b)(ii)(C)/25/29 of the NDPS Act and under Sec. 192A of the Motor Vehicles Act, 1988 (for short MV Act) against the present applicant, Goutam Debbarma, who was the driver of said vehicle.

(3.) Mr. S. Lodh, learned counsel for the applicant during hearing refers to the FIR, seizure list dtd. 5/7/2025 and also the charge-sheet of the case and submits that in all places the total weight of such ganja with packets are shown to be 20 Kg. Therefore, according to Mr. Lodh, learned counsel if the weight of the packets is deducted from the said total weight of 20 Kg, the weight of ganja will be less than 20 Kg and therefore, the case cannot come under the purview of commercial quantity of contraband items. Learned counsel also submits that already charge is framed against all the accused persons under Sec. 20(b)(ii)(C)/29 of the NDPS Act and a separate charge under Sec. 25 of the NDPS Act and Sec. 192A of the MV Act is also framed against the present applicant along with charge under above said provisions of law which were framed against other accused persons. On that ground, learned counsel prays for bail of the accused applicant stating that from his arrest on 6/7/2025, till date he is in custody and he has his permanent home and hearth within the State of Tripura and therefore, there is no chance of his abscondence.