Bail in NDPS Case Over Arrest Procedure Lapses, Orders Action Against Investigating Officer
The Tripura High Court has granted bail to an accused in an NDPS case after finding serious inconsistencies in the police record regarding the communication of the grounds of arrest. The Court also directed the authorities to take appropriate action against the investigating officer for failing to follow the prescribed procedure.
The order was passed by Justice Biswajit Palit in BA No. 188 of 2026, Smt. Pramila Debbarma on behalf of Srikumar Debbarma v. State of Tripura. The case arose from the alleged recovery of 40 bottles of Eskuf cough syrup containing codeine phosphate from Srikumar Debbarma at Agartala Railway Station on May 5, 2026. According to the prosecution case, police noticed him carrying a blue bag near Platform No. 1. A case was subsequently registered under Sections 21(C) and 29 of the NDPS Act, and he was taken into custody.
During the bail hearing, the defence pointed out discrepancies in the document prepared to show that the grounds of arrest had been communicated to the accused. One part of the document stated that the grounds were explained in Bengali and Kokborok, while another portion recorded that they were communicated in the accused’s mother tongue, Hindi. The Court also noted that the record did not establish that the accused was a Hindi-speaking person.
The High Court examined the requirements relating to communication of the grounds of arrest and noted the importance of complying with the constitutional and statutory safeguards governing arrest. The Court also observed that despite repeated directions of the Supreme Court and the High Court, lapses in following these requirements continued to occur in NDPS cases.
Finding the lapses serious, the Court granted bail to Srikumar Debbarma and directed that appropriate action be taken against the investigating officer. The Court further directed that a copy of the order be circulated among the police authorities and police stations in Tripura to ensure compliance with the prescribed requirements concerning arrest and communication of grounds of arrest in future cases.
