1. Heard learned counsel of both sides.

2. The present bail application has been filed on behalf of the accused, Hridoy Das in connection with East Agartala P.S. Case No.121 of 2025 (renumbered as Special NDPS Case No.79 of 2026), registered under Sections 21(a)(c)/25/27A/29 of NDPS Act, pending before the Court of the learned Special Judge, (Court No.1), West Tripura, Agartala.

3. The gist of the prosecution case is that, based on secret information, SI Narayan Deb raided the shop of one Diptanu Saha on 01.11.2025 and recovered 180 nos. of small plastic containers containing suspected heroin and 22 bottles of Eskuf cough syrup, each containing 100 ml. It is alleged that the present accused was an associate of said Diptanu Saha and was involved in drug peddling in Agartala city with others.

4. On completion of the investigation, the police authority submitted the charge-sheet under Sections 21(a)(c)/22A/25/27A/29 of NDPS Act against said Diptanu Saha, the present accused Hridoy Das and some other accused persons. The present accused, Hridoy Das was arrested on 02.11.2025 and was produced before the learned Special Judge on the following day. Since then, he has been in custody.

5. It is submitted by Mr. Sankar Lodh, learned counsel for the petitioner that the charge has not yet been framed and meanwhile, the present accused has been in custody for a considerable period. Learned counsel, Mr. Lodh has brought to the notice of the Court the statements of two witnesses, namely, Bipul Debnath and Rubel Miah recorded by the investigating officer and submits that only general statements are there against the present accused that he was engaged with Diptanu Saha in drug racketeering but no specific materials are there collected by the I.O. to connect the present accused with the recovered contraband items.

6. According to learned counsel Mr. Lodh, the other statements of witnesses against the present accused are the statements of some police officials who simply stated that during interrogation by the police, the co-accused Diptanu Saha had divulged the name of present accused to be involved with him in such drug trafficking.

7. Learned P.P., however, seriously opposes the prayer and similarly refers to the statements of said witnesses, namely, Bipul Debnath and Rubel Miah and submits that it is satisfactorily shown by the I.O. that the present accused Hridoy Das had direct connectivity with the said arrested accused Diptanu Saha and even the witness Rubel Miah has categorically stated that on 26.10.2025, in the evening, he found some goods were stored in the shop of Diptanu Saha and on asking the present accused Hridoy Das told him that those goods were of Diptanu Saha. Therefore, he could realize that they were dealing with some illegal acts and then he left the place.

8. According to learned P.P., apart from the said statement of Rubel Miah and another witness Bipul Debnath has also stated that Diptanu Saha along with his colleagues Krishna Biswas, Tapan Banik, Hridoy Das, Samar Gowala and some other persons were involved in drug dealing in the area of College Tilla, MBB College, BBM College, Gandhi School and Gol Bazar Lalmati area, therefore, there are sufficient materials against Hridoy Das to draw a connectivity between his activities and recovery of contraband items from the shop of Diptanu Saha.

9. Learned P.P. also relies on the statements of witness, S.I. Narayan Deb and another Sri Subrata Debnath, Inspector of Police. Both of them stated to the investigating officer that on interrogation Diptanu Saha had disclosed to them that he stored the illegal heroin and cough syrup in his shop for selling purpose at College Tilla area, and his associates Hridoy Das, Tapan Banik, Ratnadip Dey and Rajib Roy were jointly running drug business and they supplied him said heroin and cough syrup for selling purpose.

10. Court has considered the submissions of learned counsel of both sides and perused the records.

11. So far the statements of Inspector, Subrata Debnath and S.I., Narayan Deb are concerned, same relates to statement of a co-accused made during police custody and therefore, the same are kept out of consideration. Apart from that, Bipul Debnath has made general statement that Diptanu Saha and his companions, Krishna Biswas, Tapan Banik, Hridoy Das, Samar Gowala and few other persons would run the drug business at different areas of College Tilla, MBB College, BBM College, Gandhi School etc. Witness Rubel Miah, however, has further stated that he found some goods were stored in the shop of Diptanu Saha on 26.10.2025 and on query, Hridoy Das told him that those goods were of Diptanau Saha. It was only his apprehension that perhaps they were engaged in illegal activities but he did not further divulge as to what sort of goods were stored there in the shop of Diptanu Saha and who stored those items.

12. The alleged contraband items were recovered from the shop of Diptanu Saha on 01.11.2025 i.e. on the 6th day after said Rubel Miah found Hridoy Das disclosing that the goods were of Diptanu Saha. According to the prosecution, the shop of said Diptanu Saha is of grocery item. In such a situation, how those contraband items as recovered were connected with the participation of present accused Hridoy Das in alleged drug racketeering are not divulged in the investigation.

13. There is also nothing mention in the charge-sheet that he was engaged in any other case previously of similar nature. Therefore, this Court is of the view that the rigors of Section 37 of NDPS Act are primarily satisfied.

14. In view of above, the bail prayer is allowed.

15. It is ordered that the accused person, namely, Hridoy Das may be released on bail in connection East Agartala PS Case No.121 of 2025 on furnishing a bond of Rs.1,00,000/- (Rupees one lakh) only with one surety of like amount to the satisfaction of the learned Special Judge, Court No.1, West Tripura, Agartala on conditions that :

                  (i) the surety must be a permanent resident of Tripura;

                  (ii) he will not leave the State of Tripura without prior permission of the learned Special Judge, Court No.1, West Tripura, Agartala and such permission can be accorded by the learned Special Judge only on any special ground;

                  (iii) he will provide both to the learned Special Judge and O.C., East Agartala Police Station, his mobile phone number, if any, within 7(seven) days of his release and he shall not hand over it to any other person, till the trial is complete. He will keep his mobile phone functional too;

                  (iv) he will regularly attend the Court to face the trial;

                  (v) he will also record his attendance before the learned Special Judge, Court No.1, West Tripura, Agartala once in fortnight till the trial is complete or till the condition is relaxed by the learned Special Judge;

                  (vi) he will not, directly or indirectly, try to make any contact with any of the witnesses of the case for the purpose of influencing or terrorizing him/them;

                  (vii) he will not involve himself in any sort of unlawful activitie which are prohibited under NDPS Act; and

                  (vii) violation of any of the above said condition(s) by him, will be a good ground for cancellation of his bail.

16. With such observations and directions the bail application is disposed of. It is, however, clarified that whatever observations made here-in-above are for a limited purpose and it will have no bearing during framing of charge and at the time of trial.

17. Communicate a copy of this order to learned Special Judge, immediately.

18. Return the C.D. and L.C. records accordingly.