DIPAK DAS Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Learned Counsel, Mr. A. Chakraborty appearing on behalf of the petitioner-appellant and also heard Learned Additional P.P., Mr. R. Saha appearing on behalf of the State-respondent.

(2.) This appeal is preferred by the appellant challenging the order dtd. 24/11/2023 passed by Learned Special Judge, NDPS, Dhalai District Ambassa in connection with case No.ABS GRPS 10 of 2023(Special NDPS 04 of 2024) and connecting orders dtd. 28/11/2023, 5/1/2024, 2/1/2024, 1/3/2024,5/4/2024,26/7/2024,29/8/2024, 3/10/2024, 27/11/2024, 4/12/2024, 20/2/2025 and 20/3/2025 passed in connection with case No.Crl.Misc.65 of 2023 under Sec. 446 of Cr.P.C. arising out of the said ABS PS case No.ABS GRPS 10 of 2023(NDPS) passed by Learned Sessions Judge, Dhalai District, Ambassa.

(3.) At the time of hearing, Learned Counsel for the appellant, Mr. A. Chakraborty drawn the attention of this Court that in pursuance of the order dtd. 12/10/2023 passed by Learned Special Judge, NDPS, Ambassa in connection with 2023 GRP 10 (NDPS), the accused persons namely, Mithu Kumar, Amit Kumar, Nikhil Kumar and Bibhishan Kumar were granted interim bail by the Learned Special Judge and accordingly, on 13/10/2023 the present petitioner-appellant stood as bailor/surety on behalf of the said accused persons for an amount of Rs.1,00,000.00 each and the accused persons were supposed to appear before the Court of Learned Special Judge, NDPS, Ambassa on 24/11/2023 but on that day the accused persons did not surrender, as a result of which Learned Special Judge issued warrant of arrest against all the accused persons and passed an order for drawing up of separate proceeding under Sec. 446 of Cr.P.C. against the petitioner-appellant and accordingly, a separate proceeding was drawn up and in the separate proceeding under Sec. 446 of Cr.P.C., Learned Sessions Judge issued Distress warrant of arrest against the present petitioner-appellant and communicated the same to the Collector of the District and in pursuance of the order of the Court, the SDM, Ambassa initiated recovery proceeding under Sec. 421 of Cr.P.C. and accordingly, the property of the present appellant was attached and order was passed for recovery of the defaulted amount by selling the immovable property belonging to the appellant. It is further submitted that auction was conducted by SDM, Ambassa and after that as per order dtd. 28/3/2025, the sale which was confirmed in auction was stayed by an order of this Court. Learned Counsel further submitted that by this time one of the accused has been expired and other accused persons were surrendered before the Court and they are released on fresh bail and now the case is pending for disposal before the Court of Learned Special Judge. So, finally Learned Counsel submitted that considering the facts and circumstances of the case, the proceeding under Sec. 446 of Cr.P.C. drawn up against the petitioner-appellant may be closed.