AGARTALA, India, March 26 -- Tripura High Court issued the following order/judgement on Feb. 23:

[1] Heard learned counsel of both sides.

[2] The petitioner, Sri Salim Uddin Ahammed through his wife Smt. Absana Prabin Begam is seeking bail in connection with R.K. Pur P.S. case No.168 of 2025 registered under Sections 21(b)/29 of the NDPS Act, 1985.

[3] Allegations in the FIR are that the petitioner along with two other persons were apprehended on 05.11.2025 at Udaipur Railway Station based on a secret information while they were talking with each other. The present petitioner is a BSF personnel and was found in olive colour inform at that time. In presence of the OC of the police station and the SDPO, Udaipur, they were searched and total 128.7 gm of alleged heroin was recovered, out of which 51.5 gm of such contraband item was recovered from the possession of the present petitioner. Thereafter, those items were seized and they were arrested and police proceeded for investigation.

[4] Finally, on completion of the investigation, police filed charge sheet against the present petitioner and also against said two other accused persons namely, Sajmul Islam and Farid Aktar under Sections 21(b)/29 of the NDPS Act. The investigating officer also filed a petition for custody trial of the present petitioner and said co-accused persons on the grounds that-

(i) if they are released on bail, they may abscond elsewhere,

(ii) they may influence prosecution witnesses either with muscle power or money power.

(iii) they would flee away to their home State, Assam as they hail from that State and they have their previous history of multiple visits in different Indian states.

[5] Learned Special Judge allowed said petition for custody trial vide order dated 29.01.2026 which is also challenged in this proceeding. Learned Special Judge in support of his view of custody trial of the accused persons has observed that the accused persons are resident of neighbouring State Assam and they are involved in serious offence of trafficking of narcotic items in Tripura and one of them is also BSF personnel and therefore, considering the allegations levelled against them and their conduct, prayer for custody trial is allowed.

[6] Mr. Debalay Bhattacharya, learned senior counsel for the petitioner submits that already charge-sheet is laid in this case and therefore, for the purpose of investigation, detention of the present accused is not required and moreover, he is a BSF personnel and therefore, chance of his abscondence is very remote. Mr. Bhattacharya, learned senior counsel also relies on a decision of High Court of Jammu & Kashmir and Ladakh in case of Mukhtar Ahmed vs. Union Territory of J&K and another (Bail App No.262 of 2024) decided on 07.04.2025. Said case was also a case of intermediate quantity of contraband items wherein charge-sheet was submitted and in said case, the accused was detained for more than 6 (six) months. Considering these aspects, the High Court granted bail to the accused person imposing certain conditions.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kvwuc9eLjOhbTIuH4AzNPiriLPwpq2IgArgYEbWz46CQX&caseno=BA/26/2026&cCode=1&cino=TRHC010001662026&state_code=20&appFlag=)

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