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Tripura High Court
Sri Basanta Dasgupta vs The State Of Tripura on 9 March, 2026
Page 1 of 3
HIGH COURT OF TRIPURA
AGARTALA
BA No.40 of 2026
Sri Basanta Dasgupta
S/o Late Susanta Das Gupta, resident of Tulabagan, Sidhai Mohanpur, P.S.
Sidhai, District - West Tripura.
......Petitioner(s);
On behalf of :
Sri Rajib Dasgupta,
S/o Sri Basanta Dasgupta, resident of Tulabagan, Sidhai Mohanpur, P.S.
Sidhai, District - West Tripura.
...... Accused Person(s);
VERSUS
The State of Tripura
Represented by the Principal Secretary to the Government of Tripura.
......Respondent(s);
For Petitioner(s) : Mr. Debajit Biswas, Advocate.
For Respondent(s) : Mr. Raju Datta, P.P.
HON'BLE MR. JUSTICE S. DATTA PURKAYASTHA
_O_R_D_E_R_
09/03/2026
Heard learned counsel of both sides.
[2] The accused namely, Rajib Dasgupta for whom the bail
application is submitted in connection with GRPS No.104 of 2025 registered
under Sections 21(c) & 29 of the NDPS Act, 1985, is in custody since his
arrest on 30.10.2025. The allegations, in brief as mentioned in the FIR
lodged by one Sub-Inspector, Pankaj Biswas, are that on the basis of a
secret information, SI Pankaj Biswas on 16.10.2025, with intimation to his
superior authority, went to Jirania railway station along with other police
personnel and one Deputy Collector & Magistrate of Jirania and found that
one goods-carrying train comprising eleven numbers of coaches arrived at
the station and recovered total 90,000 numbers of eskuf cough syrup bottles
from two coaches of said train. Those consignments were booked in the
name of M/S Bharat Conveyor and M/S Golden Roadways.
[3] Mr. Debajit Biswas, learned counsel for the petitioner, submits
that the accused has been falsely implicated in this case. Initially, the police
apprehended him as they could notice some suspicious transactions of a big
amount of money in his account which was not natural, as he was working
as a Manager at Sree Krishna Roadways, but actually said amount was
credited into his bank account from his own recurring deposit on its maturity.
Learned counsel, Mr. Biswas, further submits that the original owner of Sree
Krishna Roadways is one Arun Kumar Ghosh who is also the owner of
another transport agency, namely, M/s Golden Roadways and the police, as
reflected in the forwarding report dated 26.02.2026, initially submitted before
the learned Special Judge that the duty of the present accused was only to
maintain the records of said Sree Krishna Roadways. Therefore, according
to learned counsel, Mr. Biswas, he has no knowledge or complicity in the
alleged drug trafficking. Learned counsel, Mr. Biswas, also submits that
another ground of arrest of this accused by the police was his telephonic
conversation with the owner of the roadways, namely, Arun Kumar Ghosh, in
unusual hours, but being the employee of Arun Kumar Ghosh, it was very
natural for the accused to make contact with his master regarding smooth
running of his business. Therefore, learned counsel, Mr. Biswas, earnestly
prays for bail submitting that the accused is completely innocent.
[4] Mr. Biswas, learned counsel, also relies on a decision of Delhi
High Court in case of Sahil Sharma alias Maxx versus State Govt. of NCT
of Delhi [Bail Appl N. 3068/2025 & Crl. M. A. 23762/2025] wherein the
Delhi High Court observed that in the absence of any cogent evidence which
establishes that the transactions were for the purpose of dealing in the
contrabands, mere monetary transactions do not establish the accused
person's complicity in the commission of offence.
[5] Learned Public Prosecutor, Mr. Raju Datta, however, seriously
opposes the prayer, submitting that there are sufficient materials in the case
diary showing the accused person's complicity in the alleged crime. Learned
Public Prosecutor has also brought to notice the relevant statements of the
witnesses indicating the involvement of the accused person in the alleged
crime.
[6] Having considered the submissions of both sides and having
gone through the case diary, it appears that there are prima facie materials
against the present accused person showing his involvement in the alleged
crime and in view of rigours of Section 37 of NDPS Act 1985, his bail prayer
cannot be allowed.
[7] Considering thus, the instant bail prayer is rejected.
[8] Return the case diary to learned Public Prosecutor with copy of
this order.
[9] Also re-consign the trial Court record to learned Court below
with copy of this order.
JUDGE
Munna RUDRADEEP BANERJEE BANERJEE
Date: 2026.03.10 17:59:53 +05'30'
