DHRUBA MANIK JAMATIA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. S Lodh, learned counsel appearing for the applicant as well as Mr. S Ghosh, learned Spl. PP and today Mr. R Dutta, learned PP appearing for the State.

(2.) By the order dated 06.05.2019 delivered in Criminal Appeal Nos. 843-844 of 2019 the Apex Court remanded the matter to be reconsidered as in the earlier order there was no reference to Section 37 of the Narcotic Drugs and Psychotropic Substance Act, 1985, NDPS Act in short or the requirement under the said Section 37 was met. But the Apex Court has categorically observed in the order dated 06.05.2019 that they have not expressed any opinion on the merit of the matter. However, for purpose of reconsideration, the order dated 27.06.2018 granting pre-arrest bail was set aside.

(3.) The brief fact as disclosed in the First Information Report filed by one Sub-Inspector of Police namely, Jiban Chandra Das is that on receipt of information from a secret source that one big truck bearing registration No. AS01 GC 0487 had reached Hadra area near Hadra SB School and unloaded contraband goods like Phensedyl and Ganja and those materials were kept inside the old mudwalled room of the school, the informant rushed to the place mentioned in the information and found three bags of dry ganja and 28 bags of Phensedyl (codeine substance) containing 7945 bottles. According to the information, 5 kgs of dry ganja was recovered by the informant but nobody appeared to claim the proprietorship for those goods. The seizure was caused in presence of the witnesses and samples were drawn from the place of seizure.