Tripura Being A Border State Faces Regular Problem With Narcotic Drugs Leading To HIV/AIDS, Citizens Victimised: High Court Denies Bail In NDPS Case
Sanchayita Lahkar
The High Court of Tripura, Single Bench of Justice Dr. T. Amarnath Goud, dismissed the second bail application filed by three accused persons facing charges under the Narcotic Drugs and Psychotropic Substances Act in connection with the recovery of 14,000 yaba tablets from a vehicle. The Court, noting that Tripura as a border state continues to grapple with drug-related concerns contributing to the spread of HIV/AIDS, held that a prima facie case had been established against the accused and declined to grant relief at that stage.
Three accused persons, residents of West Bengal and Uttar Pradesh, were arrested in connection with the recovery of 14,000 yaba tablets weighing 1.490 kg from a numberless red Chevrolet vehicle parked in Jatrapur, Sepahijala District, Tripura. The seizure was made following secret information received by the local police, who conducted a search of the vehicle after being unable to locate independent witnesses. The accused were subsequently detained from a nearby residence and charged under Sections 22(C), 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The accused contended that no contraband was recovered from their personal possession, that their arrest violated constitutional safeguards, and that the charge-sheet filed was incomplete as a cyber forensic report was still awaited. They further alleged illegal detention prior to their formal arrest and claimed procedural violations in the search and seizure process.
The prosecution maintained that sufficient incriminating material existed to establish conscious possession, that the charge-sheet was compliant with statutory requirements, and that any procedural discrepancies were minor and unintentional. Both sides placed reliance on various Supreme Court decisions addressing bail standards under the NDPS Act and the validity of charge-sheets filed without forensic reports.
The Court observed that the case involved a matter of significant public concern, stating that "it's a large scale narco-terror conspiracy involving transitional actors and possible enemy-state sponsored involvement." It further recorded that the charge-sheet submitted by the investigating agency "clearly demonstrates that it is in compliance with the required statutes."
On the question of bail standards under the NDPS Act, the Court noted, drawing from Supreme Court precedent, that "the expression 'reasonable grounds' used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence." It further stated that "at the stage of examining an application for bail in the context of Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty."
Regarding the absence of contraband recovery from the person of the accused, the Court observed that "such an assumption would be premature at this stage," and that absence of personal possession does not absolve the accused from scrutiny.
On the validity of the charge-sheet filed without the cyber forensic report, the Court recorded that "the pendency of the further investigation qua the other accused or for production of some documents not available at the time of filing of charge-sheet would neither vitiate the charge-sheet, nor would it entitle the accused to claim right to get default bail."
Justice Dr. T. Amarnath Goud observed that "it is seen in Tripura that because of border State, it is facing regular problem with narcotic drugs leading to HIV/Aids and the citizens are victimized. It is represented in several cases by the respective advocates in cases that each yaba tablet is sold at around Rs.1,000/- as per demand." The Court further noted that in the present case, 14,000 tablets were seized worth around Rs.1,40,00,000/-. It then remarked that "the youths of Tripura are day by day sinking under the influence of this narcotic, which cannot be ignored," adding that "the addiction is increasing day by day."
The Court concluded that "the prima facie case has been made out by the prosecution against the accused and there is a serious allegation of crime against the society and humanity."
The Court directed “In that view of the matter, the present petition stands dismissed. As a sequel, miscellaneous application pending, if any, shall stand closed.”
Advocates Representing the Parties
For the Petitioners: Mr. S. Kar Bhowmik, Sr. Advocate; Mr. N. Das, Advocate; Mr. E. L. Darlong, Advocate
For the Respondents: Mr. R. Datta, P.P.
Case Title: Nazir Hossain vs The State of Tripura
Case Number: B.A. No.28 of 2026
Bench: Justice Dr.T. Amarnath Goud
