KHALEK MIAH AND OTHERS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) This petition for grant of bail has been filed by the petitioner Khalek Miah on behalf of 5(five) accused persons namely Sri Sankar Debnath, Sri Sanjit Das, Sri Pradip Debnath, Sri Mithu Debnath and Md. Abdul Hannan Miah in respect of P.R. Bari P.S. Case No.04 of 2016 registered against the accused persons under section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "the NDPS Act").

(2.) The prosecution story, briefly stated, is that on the night intervening 17.01.2016 and 18.01.2016 S.I. Suman Deb along with the support staff went out from the P.R. Bari Police Station for mobile patrolling and conducted anti-smuggling raids. When they reached near Dimatali, they received information from a secret source that accused Abdul Hannan Miah had entered his house with some jute bags containing contraband goods like ganja etc. Thereafter, a party was formed and raid was conducted in the house of Abdul Hannan Miah. According to S.I. Suman Deb because the house of accused Abdul Hannan Miah is close to IndoBangladesh border and because it was late at night, it was not possible to arrange other witnesses or to wait for order from the Magistrate to carry out the search after sunset and before sunrise and, therefore, he recorded his reasons in writing in this regard and entered along with his staff into the house of Abdul Hannan Miah.

(3.) Admittedly, Abdul Hannan Miah was not found in the building. The 4(four) other accused persons namely Sri Sankar Debnath, Sri Sanjit Das, Sri Pradip Debnath and Sri Mithu Debnath were found in the house. According to the police, they were all unpacking and repacking the ganja. On weighment the contraband ganja was found to be about 70 Kgs. Some samples were taken at the spot and thereafter, the case was registered.