JUDGEMENT
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(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 :
(i) Total 40 strips of Spasmo-Proxyvon @ plus Capsule, in which 24 nos. in each trips total 960 Capsules.
(ii) 25 numbers red colour Yava Tablet.
(iii) Total 75 Bottles 100 ML each of codine Phosphnte and Chlorpheniramine Maleate Syrup DIALEX-DC".
(iv) Total Rs.3050/-(Three Thousand Fifty only). From the house of Jadu Sarkar, the following materials were seized :
(i) Total 61 bottles 100 ML each of codine Phosphnte and Chlorpheniramine Maleate Syrup DIALEX-DC"
(ii) One Intex Aqua 4.5e Black colour mobile set.
(iii) One Black colour Bear mobile set.
From the house/shop of Arjun Das, the following materials were seized :
(i) One shop case blue and green colour in which contains approx 11 gm. Heroine marked as "A".
(ii) One shop case red colour in which contains approx 14 gm. Heroine marked as "B".
(iii) One shop case red colour in which contains approx 12 gm. Heroine marked as "C".
(iv) One shop case red and pink colour in which contains approx 10 gm. Heroine marked as "D".
(v) One Scotty (Yamaha) Registration Number-TR01 AA 9377.
Also seized total 07 nos. of bottles of phyensedyl cough syrup (100 ml each) from an abandoned place, near the house of Narayan Majumder of Malakarpara Lankamura. P.S.West Agartala."
It has been disclosed that after reaching Agartala, all the seized items were handed over to the Officer-in-Charge, West Agartala Police Station.
Based on the said complaint, West Agartala P.S. Case No.2019 WAG 191 dated 18.08.2019, as stated, was registered and taken up for investigation.
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