AGARTALA BENCH SURESH DUTTA Vs. STATE OF TRIPURA

JUDGEMENT

(1.) On reasonable apprehension of being arrested in connection with Bishalgarh P.S. Case No. 53/2002 under Section 20(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (shortly called 'NDPS Act') the petitioner has filed this petition under Section 438(1) of the Cr.P.C. seeking pre-arrest bail direction.

(2.) At the out-set, the learned Public Prosecutor raised a preliminary objection contending inter alia, that any person, who is implicated or having reasonable apprehension of being arrested in connection with any offence punishable under NDPS Act has no right to seek prearrest bail direction as the provision of Section 438 of Cr.P.C. is not made applicable relating to any offence punishable under NDPS Act.

(3.) Mr. P.K. Biswas, learned counsel for the accused petitioner was allowed sufficient time vide order dated 02.08.2002 to refer the related provisions of law including any citation on that score regarding permissibility of invoking the provision of Section 438 of Cr.P.C. in such case and the matter has been heard on Friday (5.8.2002). The learned counsel for the petitioner referring the provision of Section 36C of the NDPS Act submits that all provisions relating to bail and bonds as have been provided under the Code of Criminal Procedure is applicable mutatis mutandis to an offence punishable under the NDPS Act, of course subject to certain limitation prescribed under Section 37 of the said Act.