JABBAR ALI Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. D. Biswas, learned counsel appearing for the petitioner. Also heard Mr. Rajib Saha, learned Addl. P.P. appearing for the respondents.

(2.) This writ petition is submitted by one Jabbar Ali on behalf of his son Anowar Hossain challenging the orders dtd. 11/11/2024 and 12/11/2024 passed by learned Special Judge (NDPS), Court No.2, West Tripura, Agartala.

(3.) An FIR was lodged by Sub-Inspector of Police namely, Sanjoy Debbarma of Lefunga PS on 6/5/2023 alleging, inter alia, that on the basis of a secret information, he along with SDPO, Mohanpur and OC of Lefunga PS with a police team raided the house of one Ratan Deb @ Mona and on search recovered 6(six) Nos. of cartons containing total 960 Nos. of "Phensedyl" cough syrup from the said house complex and seized the same and also found one Maruti Suzuki "Zen Esteilo" vehicle bearing No.TR-01 AK 0273 parked in the garage of said Ratan Deb and on further search they also found one person namely, Md. Eusuf Miah was hiding on the back seat of said vehicle along with 2(two) Nos. of cartons and from said cartons further total 320 Nos. of "Eskuf" syrup were also recovered. Said Md. Eusuf Miah, according to the informant, also disclosed that he and his business partner namely, Anowar Hossain came there to purchase said contraband syrups from said Ratan Deb and bought 500 Nos. of bottles of cough syrups for Rs.1,50,000.00 and when they were about to depart from that place, meanwhile the police arrived and they could not shift all the cough syrup bottles in their car and also could not manage to flee away, though his business partner namely, Anowar Hossain managed to flee away from that place along with Ratan Deb and the owner of the said vehicle was Anowar Hossain. Said vehicle along with those recovered cough syrups were seized by police and the FIR was lodged against three persons namely, Ratan Deb @ Mona, Md. Eusuf Miah and said Anowar Hossain. The FIR was lodged on 6/5/2023 but police arrested Anowar Hossain on 15/5/2024 i.e. after more than 1 year from Bamutia, Rangutia and was produced before the Court on 16/5/2024 and it is submitted that since then he is in custody.