Tripura High Court
The State Of Tripura vs Sri Abhijit Nama on 5 December, 2023
Author: Arindam Lodh
Bench: Arindam Lodh
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
B.A. 47/2023
The State of Tripura
....Applicant(s)
Versus
Sri Abhijit Nama
....Respondent(s)
For Applicant(s) : Mr. S. Debnath, Addl. PP
For Respondent(s) : Mr. D. Biswas, Advocate
HON'BLE MR. JUSTICE ARINDAM LODH
Order
05/12/2023
Heard Mr. S. Debnath, learned Addl. PP appearing for the applicant-
State. Also heard Mr. D. Biswas, learned counsel appearing for the accused-
respondent.
This is an application filed under Section 439(2) of Cr.P.C for
cancellation of the impugned order of bail dated 17.08.2023 passed by
learned Special Judge, NDPS, Court No.4, West Tripura, Agartala, in
connection with GRP P.S. Case No. 2022 GRP 030(NDPS) registered under
Sections 21(C)/29 of NDPS Act, 1985.
Sri Abhijit Nama, the accused-respondent herein had surrendered
before the Court after so many days of the registration of the case with a
medical certificate and the learned Special Judge, NDPS, Court No.4
without verifying the genuinity or the authenticity of the medical certificate
produced by the accused-respondent, Sri Abhijit Nama had granted bail.
Serious allegations have been levelled against Sri Abhijit Nama, the
accused-respondent herein. He was implicated with case No.2022 GRP
030(NDPS) dated 11.12.2022 of AGT GRPS under Section 21(C)/29 of the
NDPS Act, 1985. For gravity, the order of the learned Special Judge is
necessary to be reproduced here-in-below, extract of which reads thus:
"Without commenting upon the merits of the case and having
regard to the facts and circumstances of the case the co-accused
namely Prasenjit Debnath has been released on bail. Considering the
medical ground of the accused, the bail application stands allowed.
The accused namely Abhijit Nama is released on bail till 11.10.2023
on furnishing bail bond of Rs.1,00,000/- with one surety of like
amount in default to J/C till 30.08.2023 with a condition that the
surety must be well known to the accused and the accused shall enter
appearance before the I.O./O.C. once a week between 10 a.m. to 12
p.m. and shall not not leave the jurisdiction of the State of Tripura
without the prior permission of this Court.
To date fixed(02.09.2023)
Later on:
Accordingly, accused Abhijit Nama filed a bail bond of
Rs.1,00,000/-(Rupees One Lakh) only with one surety of like amount.
Manish Sengupta stood as surety. Bond furnished is found correct and
accepted.
Release the accused at once.
To date fixed."
I am really astonished to go through the order dated 17.08.2023
passed by learned Special Judge, NDPS, Court no.4, West Tripura, Agartala
in connection with GRPS case no.30 of 2022. Learned Special Judge even
did not think over to consider Section 37 of the NDPS Act. He started the
sentence "Without commenting upon the merits of the case" which itself
reveals that he needs to undertake special training by Tripura Judicial
Academy. The learned Special Judge must consider the law as contemplated
in Section 37 of the NDPS Act. Even the learned Special Judge is not
concerned about the judgments of this Court relating to pre-conditions
necessary to be considered at the time of granting of bail to an accused
implicated in connection with the offending provisions of the NDPS Act.
I am in utter surprise that the learned Special Judge, NDPS, Court
No.4, West Tripura, Agartala, even did not think it necessary to direct the
investigating officer to verify/examine the genuinity of the medical
certificate produced by the accused-respondent.
In this order, I am not inclined to pass any harsh remark, but to
maintain the judicial discipline, I cannot refrain myself to express my
astonishment having gone through the nature of the order.
Sri S.B. Das, learned Special Judge, NDPS, Court No.4 is hereby
cautioned not to pass such type of order in future since the order did not
assign any reason to release the accused-respondent, Abhijit Nama on bail.
Hence, Registry is directed to instruct the Director, Tripura Judicial
Academy to make arrangements for training of the concerned Judicial
Officer on the legal position relating to NDPS Act immediately.
Ex facie, in my opinion, the State has made out a case for cancellation
of bail order. During the course of hearing of this bail application, learned
Addl. PP has submitted that the investigating officer had investigated as
regards the genuinity of the medical certificate, and after being scrutinized it
was found that it was a forged/fake document. Even there is no such doctor
or such hospital, which has been mentioned in the medical certificate.
A copy of this order may be forwarded to Sri S.B. Das, learned
Special Judge, NDPS, Court No.4 by tomorrow. As I already observed that
the Registry through the Director, Tripura Judicial Academy will fix a date
and inform the officer concerned for necessary training in Tripura Judicial
Academy at least for 2(two) days. The two days training should be after the
court working hour and the same should not be treated on duty.
With the aforesaid observations and directions, the present application
for cancellation of bail stands allowed. The bail is cancelled. The order dated
17.08.2023 is set aside and quashed. The accused-respondent, Abhijit Nama
is directed to surrender before the learned Special Judge, NDPS, Court No.4
by tomorrow.
At this stage, learned Addl. PP has informed that the accused-
respondent is in custody in connection with another case. As such, necessary
steps may be taken by the jail authority.
JUDGE
Snigdha
SANJAY Digitally signed by
SANJAY GHOSH
GHOSH 16:10:30 +05'30'
Date: 2023.12.05
