The Tripura High Court has set aside an order granting bail to an accused in an NDPS case, holding that the Trial Court erred in refusing to accept the charge-sheet merely because the investigating officer had not sought a warrant and proclamation against an absconding co-accused.

The Court observed that the Trial Court's approach was “wholly illegal, unreasonable and unjustified,” and stemmed from a misconception of law.

Justice Biswajit Palit remarked that : “It was surprising to see how the Learned Trial Court came to the observation that since the I/O did not pray for warrant and proclamation against the absconding accused so Learned Trial Court refused to accept the charge-sheet submitted by I/O. This part of observation of the Learned Trial Court appears to be wholly illegal, unreasonable and unjustified.” 

Background:

The case arose from an NDPS case registered under Sections 20(b)(ii)(c), 25 and 29 of the NDPS Act. When the statutory detention period of accused Md. Jangsar Ali expired on May 28, 2025, the Investigating Officer submitted the charge-sheet.

However, the Special Court refused to accept it as no warrant or proclamation proceedings had been initiated against an absconding co-accused and consequently granted bail to Jangsar Ali. The State challenged the order before the Tripura High Court.

The High Court held that the Trial Court illegally refused to accept the charge-sheet merely because the Investigating Officer had not sought a warrant or initiated proclamation proceedings against the absconding co-accused. It observed that there was no requirement under the CrPC or BNSS for an accused to be arrested before a charge-sheet could be filed. 

The Court further held that, if the Special Judge considered action against the absconding accused necessary, it could have issued a warrant or sought a further report from the Investigating Officer instead of rejecting the charge-sheet. 

Since the case involved offences under the NDPS Act, the Court noted that bail was also required to be considered in light of the restrictions under Section 37 of the NDPS Act. It consequently held that the bail granted to Jangsar Ali was unjustified and set aside the order, directing him to surrender before the Trial Court. 

Case Name: The State of Tripura v/s Md.Jangsar Ali

Case No.: Crl. Petn. No.24 of 2026

Date of Decision: 29.07.2026

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