AGARTALA, India, April 18 -- Tripura High Court issued the following order/judgement on March 17:

[1] Heard learned counsel of both sides.

[2] The bail petition has been filed seeking bail of Sri Raj Kumar Ray, in connection with Mungiakami PS Case No. 2025 MGK 006, subsequently registered as Special (NDPS) 61 of 2025 under Sections 22(b)(ii)(c), 29 of NDPS Act, pending in the Court of learned Special Judge (NDPS), Court No.2, Khowai, Tripura. The accused was arrested on 14.07.2025.

[3] Allegation in the FIR lodged by the SI of police Sri Kasnarai Reang that on that day he along with other police personnel left for routine vehicle checking duty at 41 Mile Naka Point of National Highway-8 and there they detained one container vehicle bearing no.HR-39-D-0522 for checking purpose. Ultimately, on search, after breaking a hidden chamber in the upper portion of the cabin of said vehicle, recovered total 29 packets wrapped with brown colour adhesive tape containing suspected ganja and one driving licence in the name of present accused. On measurement, the total weight of such ganja was found to be 207 kg and 200 grams. Police accordingly arrested the said accused. He was produced before the learned Special Judge on 15.07.2025 seeking police remand. The investigating officer also submitted arrest memo and copy of grounds of arrest before the learned Special Judge at that time.

[4] Learned counsel, Mr. Sankar Lodh, submits that though a memorandum of ground of arrest was prepared by the arresting police officer but it was never supplied to the accused and he was completely in dark about the grounds of his arrest and thereby the police authority has violated Article 22 of the Constitution of India.

[5] Learned counsel Mr. Sankar Lodh, relies on several decisions of Hon'ble the Supreme Court passed in cases of Pankaj Bansal versus Union of India and others [(2024) 7 SCC 576]; Prabir Purkayastha versus State (NCT of Delhi) [(2024) 8 SCC 254]; Kasireddy Upender Reddy versus State of Andhra Pradesh and others [2025 SCC OnLine SC 1228]; Ahmed Mansoor & others versus the State, represented by Assistant Commissioner of Police and another [2025 SCC OnLine SC 2650]; and Mihir Rajesh Shah versus State of Maharashtra and another [(2026) 1 SCC 500]. According to learned counsel, Mr. Sankar Lodh, for violation of said provision of Article 22(1) and Section 47 of BNSS, the arrest of the accused as well as his subsequent remands have been rendered illegal. Therefore, the bail may be granted to him.

[6] Learned Public Prosecutor, Mr. Raju Datta, however, submits that along with the copy of arrest memo which contained the signature of the accused, copy of grounds of arrest was also supplied to him before he was produced before the learned Special Judge and he being fully conversant with the grounds of arrest, participated in remand proceeding before the learned Special Judge.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=I1mmm2bl4r4EREhYK63Kv1gcsq3toEjqZcXFoObAkMD3v%2FTozxnsiN08CfhmYwWF&caseno=BA/50/2026&cCode=1&cino=TRHC010004062026&state_code=20&appFlag=)

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