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CDJ 2026 THC 312
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| Court : High Court of Tripura |
| Case No : B.A. No. 118 of 2026 |
| Judges: THE HONOURABLE MR. JUSTICE BISWAJIT PALIT |
| Parties : Pallabi Shil Versus Pradip Nama alias Gontu & Others |
| Appearing Advocates : For the Petitioner: Purusuttam Roy Barman, Senior Advocate, Samarjit Bhattacharjee, Advocate. For the Respondent: Debalay Bhattacharya, Senior Advocate, Samar Das, Agniva Chakrabarti, Advocates. |
| Date of Judgment : 03-07-2026 |
| Head Note :- |
NDPS Act, 1985 - Sections 21(b)/25 -
Comparative Citation:
2026 THC 817,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- NDPS Act, 1985
- Sections 21(b)/25 of the NDPS Act
- Section 181 of the M.V. Act
2. Catch Words:
- Bail
- Interim bail
- Custody
- Intermediate quantity
- Narcotic drugs
- Bond
- Surety
- Witness intimidation
3. Summary:
The accused, Iman Hossain, was arrested for possession of 22 g of suspected heroin and charged under the NDPS Act and the M.V. Act. He spent most of the 126‑day period in custody, except for a brief interim bail granted due to family illness and the death of a newborn. The prosecution opposed bail, citing incriminating material and witness testimonies. The court noted the lengthy custody, lack of adverse report during interim bail, and that key witnesses had already been examined. Considering these factors, the court allowed the bail application, directing the accused to furnish a bond of Rs. 1,00,000 with a surety and to comply with conditions regarding court attendance and non‑intimidation of unexamined witnesses. The earlier order granting bail was set aside, and the bail application was disposed of.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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[1] Heard learned counsel of both sides.
[2] The accused petitioner was arrested on 26.02.2026 on the ground of recovery of 22 gram of suspected heroin from his custody. Police after investigation submitted the charge-sheet under Sections 21(b)/25 of the NDPS Act, 1985 and Section 181 of the M.V. Act in this connection, R.K. Pur P.S. case No.20 of 2026 [later on renumbered as Special (NDPS) No.04 of 2026 pending in the Court of learned Special Judge, Gomati, Udaipur].
[3] Mr. Sankar Lodh, learned counsel submits that from the date of his arrest, the accused is in custody except for a small period covering the date 18.03.2026 to 03.04.2026 when he was granted interim bail on the ground of serious illness of his wife and death of his new born baby. Mr. Lodh, learned counsel further contends that the informant as well as two private witnesses who were the seizure witnesses are already examined in this case and only few police personnel are further required to be examined. Learned counsel has therefore prayed for bail of the accused Iman Hossain submitting that for about 126 days excluding the period of interim bail he is in custody and the case is relating to intermediate quantity of contraband items.
[4] Mr. Raju Datta, learned P.P., however, opposes the bail prayer referring to the testimonies of the witnesses already examined on the ground that there are incriminating materials of recovery of said contraband items from his custody.
[5] Court has considered the submission of both sides.
[6] It is fact that the accused person is in custody for a considerable period in a case relating to intermediate quantity of narcotic drugs. No adverse report is also found against him in respect of the period of his interim bail. Vital independent witnesses are also examined. Considering thus, the bail prayer is allowed.
[7] Accused person namely, Iman Hossain may go on bail on furnishing a bond of Rs.1,00,000/- (Rupees one lakh) with one surety of the like amount to the satisfaction of learned Special Judge in connection with case No. Special (NDPS) No.04 of 2026 on condition that-
(i) he will regularly attend the Court to face trial;
(ii) he will not try to terrorize or influence any unexamined witness of this case.
The order dated 05.05.2026 passed by the learned Special Judge, Gomati, Udaipur is, accordingly, set aside.
Bail application is, accordingly, disposed of.
Send a copy of this order to the concerned learned Special Judge immediately.
Pending application(s), if any, shall also stand disposed of.
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