SUKESH MAJUMDER Vs. STATE OF TRIPURA

JUDGEMENT

(1.) Heard Mr. J. Bhattacharjee, learned counsel appearing for the applicant as well as Mr. S. Ghosh, learned Addl. P.P. appearing for the State.

(2.) The applicant represents two accused persons namely Shri Sukesh Majumder and Sri Rakesh Majumder who were in custody since 20.11.2019 in connection with West Agartala P.S. Case No.2019 WAG 191 under Section 21(c) / 22(b) / 25 / 29 / 27(a) of the NDPS Act, 1985. On several occasions, the accused had approached to get the bail from the Special Court, but failed. Now, they have approached this court for granting bail and according to Mr. J. Bhattacharjee, learned counsel appearing for the applicants on any condition, inasmuch as, the final police report is going to be filed shortly. Hence, safely it can be presumed that substantive part of the investigation is over.

(3.) One Sub-Inspector of Police namely Raju Datta posted at Ramnagar Police Outpost on 18.08.2019 filed a complaint to the Officer-in-Charge, West Agartala Police Station stating inter alia, that having received the information from a secret source they had carried out the search and seizure. Though, the secret source informed that the accused-persons namely Sukesh Majumder and Rakesh Majumder are in the business of trafficking and retailing contraband drugs. But on search, no contraband material could be recovered from them. Moreover, it has been alleged that the accused-persons were peddling the contraband drugs in the area of Lankamura, the suburb of Agartala. On 18.08.2019, as per the order of Superintendent of Police (West), the complainant along with some other police, being escorted by the Sub-Divisional Police Officer (Sadar), raided the houses, on secret source information, indicating to be the storage of contraband goods. On sensing that the police might appear those places any moment, most of the offenders gave slip from those places. However, without waiting for search by the designated officer, on the plea of destruction of evidence, the complainant and his contingent entered in the houses of Manik Das, Jadu Sarkar and Arjun Das. From the house of Manik Das, the following materials were seized :