Tripura High Court
Dhruba Manik Jamatia vs State Of Tripura on 27 June, 2018
Author: S. Talapatra
Bench: S. Talapatra
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HIGH COURT OF TRIPURA
AGARTALA
A.B.No.61 of 2018
Dhruba Manik Jamatia ----Petitioner(s)
Versus
State of Tripura
----Respondent(s)
For Petitioner(s) : Mr. S. Lodh, Advocate For Respondent(s) : Mr. B. Choudhury, P.P. HON'BLE MR. JUSTICE S. TALAPATRA Order 27/06/2018 Heard Mr. S. Lodh, learned counsel appearing for the petitioner as well as Mr. B. Choudhury, learned Public Prosecutor appearing for the State.
Mr. Choudhury, learned PP has produced the Case Diary. The allegation against the petitioner that he was one of the accomplice in the conspiracy of dealing with the narcotic substance. A huge cache of narcotics substance like Phensedyl (7945 bottles), Cannabis weighing 5 Kgs., 1.5 kgs. and 500 gms., in total 7 kg in gunny bags, were recovered from an abandoned school room adjacent to the house of the accused petitioner. In the First Information Report, the seizing Police Officer has suspected the role of the accused person, as two Page 2 of 3 vehicles bearing No.TR 01-AF-0792 (Chevrolet Beat) and TR- 07-0543 (Wagonr) were found parked in his court-yard. According to the Police Officer, those vehicles were used for transporting the Phensedyl and the bags of Cannabis.
On scrutiny of the entire Case Diary, no material is found in this regard, which can prima facie substantiate the involvement of the petitioner.
This is an application under Section 438 of the Cr.P.C. for granting pre-arrest bail to the accused petitioner in connection with Kakraban P.S. Case No.2018/KKB/075 under Sections 20(b)/20(c)/22(c) of the NDPS Act, 1985 and under Section 120B of IPC.
Mr. Lodh, learned counsel has submitted that the petitioner was not at all in the place of occurrence. He was somewhere else. As he is in the profession of driving, he crossed the motor vehicle weighbridge at Coochbehar on 18.05.2018 whereas the occurrence took place on 19.05.2018. So, it is hardly possible that someone can reach to the place of occurrence from Coochbehar within such a short gap of time.
Be that as it may, this plea of alibi should not be appreciated by this court at this stage.
Having regard to all the materials, this court is of the view that pre-arrest bail can be granted to the petitioner. Hence, in the event of arrest of the petitioner, namely Sri Page 3 of 3 Dhruba Manik Jamatia in connection with Kakraban P.S. Case No.2018/KKB/075 under Sections 20(b)/20(c)/22(c) of the NDPS Act, 1985 and under Section 120B of IPC, he shall be released on bail on furnishing the bail bond of Rs.50,000/-, supported one surety of the like amount to the satisfaction of the arresting Police Officer subject to the condition that the petitioner shall appear before the Investigating Officer on 3rd of July, 2018 for his non-custodial examination, if required and he shall also report to the Investigating Officer once in a week for the next 6(six) weeks unless, in the meanwhile, the final police report is filed. That apart, the accused person shall not intimidate or allure any person seized by the material information relevant for the investigation.
In terms of the above, this petition stands allowed and disposed of.
Copy of this order be furnished to the learned Public Prosecutor appearing for the State.
JUDGE Amrita